Public Hearing FILOT Agreement 2023.06.06
Vicki Simons spoke during a Public Hearing on a Fee In Lieu Of Tax Agreement before Aiken County Council (Aiken County, SC) on June 6, 2023.
Public Hearing FILOT Agreement 2023.06.06
This is the text of her speech with references that follow.
Good evening, Chairman Bunker and members of Aiken County Council.
My name is Vicki Simons. I live in Mr. Napier’s district.
Tonight, you are considering the following:
“Ordinance Authorizing the Execution and Delivery of a Fee Agreement By And Between Aiken County, South Carolina And Jackson PV1, LLC Providing For A Payment Of A Fee In Lieu Of Taxes And Other Matters Related Thereto.” (1)
Through my own research, I have been able to determine on the South Carolina Secretary of State’s website regarding “Jackson PV1, LLC” (2):
| Entity Id: 00873180; Entity Type: Limited Liability Company; Status: Good Standing; Filed its “Articles of Organization” on August 24, 2017; and Provided a “Notice of Change of Designated Office, Agent or Address of Registered Agent” on April 14, 2021. |
From Bizapedia.com, I learned that (3):
| JACKSON PV1, LLC is a South Carolina Domestic limited-Liability Company filed on August 24, 2017. The company’s filing status is listed as Good standing and its File Number is 873180. The Registered Agent on file for this company is Corporation Service Company and is located at 508 Meeting Street, West Columbia, SC 29169. |
I found on the Docket Management System section of the website for the Public Service Commission of South Carolina (4):
| A letter dated September 22, 2020, regarding “Ecoplexus Inc. v Dominion Energy South Carolina, Inc. — Request for Approval of Confidential Settlement Agreement and Mutual Release and Confidential Treatment Docket No. 2019-130-E.” The first paragraph of that letter states: ===== On April 15, 2019, Ecoplexus Inc. (“Solar Developer”) filed a Motion to Maintain Status Quo (the “Motion”) and a Complaint (the “Complaint”) in the above-referenced docket. The Motion and the Complaint related to two of Solar Developer’s subsidiaries—Barnwell PV1, LLC (“Barnwell”) and Jackson PV1, LLC (“Jackson”)—that executed interconnection agreements with Dominion Energy South Carolina, Inc. (“DESC”) for the development of two solar qualifying facilities. ===== |
While I understand that a Non-Disclosure Agreement (or “NDA”) (5) requires contracting parties to keep material, knowledge, or information confidential, by the time a proposed “Fee in Lieu of Tax” agreement makes it to a Public Hearing, it is my opinion that any and all mystery, secrecy, and lack of transparency must be stripped away so that the public understands what may be about to happen in our own backyard.
On behalf of the citizens, taxpayers, and voters of Aiken County, South Carolina, I am requesting — before Aiken County Council takes a vote on this — that Council reveals the entire nature and scope of what is behind and concerning “a Fee Agreement By And Between Aiken County, South Carolina And Jackson PV1, LLC Providing For A Payment Of A Fee In Lieu Of Taxes And Other Matters Related Thereto.”
The reason why I am asking for this information is because during the April 18, 2023, Regular Session of Aiken County Council, numerous Council members spoke during a Public Hearing about a project, during which it became apparent that Council members were NOT familiar with the company, the nature, or the scope of the project on which it was preparing to vote.
I feel compelled to remind you that Article I, § 1, of The South Carolina Constitution says:
“All political power is vested in and derived from the people only, therefore, they have the right at all times to modify their form of government.” (6)
Again, I am requesting that the nature and scope of the business behind this proposed Fee in Lieu of Tax agreement be fully disclosed before Council votes on it.
Do you have any questions?
References:
1. Aiken County Council Agenda for June 6, 2022
2. South Carolina Secretary of State’s website: Business Name Search
https://businessfilings.sc.gov/BusinessFiling/Entity/Search
3. Bizapedia.com: South Carolina Secretary Of State Business Registration · Updated 11/9/2021
https://www.bizapedia.com/sc/jackson-pv1-llc.html
4. Letter dated September 22, 2020, naming Jackson PV1, LLC, on Docket Management System section of the website for the Public Service Commission of South Carolina
https://dms.psc.sc.gov/Attachments/Matter/3f2e5dd0-3bf9-44de-b42c-4a6567ee43ba
5. Non-Disclosure Agreement
https://en.wikipedia.org/wiki/Non-disclosure_agreement
6. The Constitution Of The State Of South Carolina:
https://www.scstatehouse.gov/scconstitution/SCConstitution.pdf
Public Hearing FILOT Agreement 2023.06.06
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