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HomeMy WebLinkAbout20033170.tiff RESOLUTION RE: GRANT REQUEST BY POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC., FOR A SPECIFIC EXEMPTION FROM THE APPLICATION OF WELD COUNTY'S 1041 REGULATIONS TO THE CONSTRUCTION OF A 115 kV TRANSMISSION LINE EXTENSION AND DELIVERY SUBSTATION TO SERVE THE OWENS-BROCKWAY BOTTLE MANUFACTURING FACILITY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with an appeal,pursuant to Sections 21-2-20 D.1 and 2-4-10 of the Weld County Code("the Code"),of a decision by the Director of Planning Services to deny a request by Poudre Valley Rural Electric Association, Inc., for a specific exemption from the application of Weld County's 1041 Regulations(Chapter 21 of the Code)to the construction of a 115 kV transmission line extension and delivery substation to serve the Owens-Brockway Bottle Manufacturing Facility in parts of Section 23,24,and 25,Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado ("the Owens-Brockway Property"), and WHEREAS,Section 21-2-20 D.1 of the Code allows for a special exemption if the proposed transmission line extension and delivery substation are necessary to serve any use approved under the zoning regulations of the County,and if review of the proposed service facilities falls outside the scope and purposes of the 1041 Regulations, and WHEREAS, Change of Zone("COZ")#1040 was granted by the Board on June 18, 2003, for a change on the Owens-Brockway Property from the A (Agricultural) Zone District to the 1-3 (Industrial)Zone District,which change will allow for the construction of the Owens-Brockway Bottle Manufacturing Facility as a Use by Right, and WHEREAS,the proposed transmission line extension and deliverysubstation will serve only the Owens-Brockway Bottle Manufacturing Facility, and WHEREAS,after review,the Board finds that the proposed transmission line extension and delivery substation are necessary to serve any use approved under COZ#1040, and therefore, a review of the proposed service facilities falls outside the scope and purposes of the 1041 Regulations. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the specific exemption requested by Poudre Valley Rural Electric Association, Inc.,from the application of Weld County's 1041 Regulations to the construction of the 115 kV transmission line extension and delivery substation to serve the Owens-Brockway Property be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the decision of the Director of Planning Services to deny such requested specific exemption be, and hereby is, reversed. 2003-3170 l� PL1693 C"� PAL. I P l�D L ,09 (7-,20-c"/ REQUEST FOR A SPECIFIC EXEMPTION FROM THE APPLICATION OF WELD COUNTY'S 1041 REGULATIONS - POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC., PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 10th day of December, A.D., 2003. BOA OF COUNTY COMMISSIONERS WEL OUNTY, COLORADO ATTEST: Li/ a fft " gt' D id E. Long Chair Weld County Clerk to the B arc lliv Xe hi:? Ro ert D asden, Pro-Tem Deputy Clerk to the B` J ` M. J. Geile RO D AS 0 �,Willia H. J`^ ferke Storey Glenn Vaad atiliS/Date of signature: /3/6y 2003-3170 PL1693 Poudre POUDRE VALLEY RURAL Valley REA ELECTRIC ASSOCIATION, INC. P.O. BOX 272550 7649 REA PARKWAY FORT COLLINS, CO 80527-2550 q;ll FORT COLLINS, CO 80528 Bus. Phone 970-226-1234 \Jc ! C:, FAX 970-226-2123 800-432-1012 - www.pvrea.com October 30, 2003 cr i ;, Q 2003 RECLINED Weld County Planning Offices Ms. Monica Daniels-Mika, AICP Director 1555 North 17th Avenue Greeley, Colorado 80631 Hand Delivered Subject: Centerline description for 115 kV Transmission Line—Kodak to Owens- Brockwa Dear Ms. Daniels-Mika: Enclosed herewith is the centerline description of the proposed above captioned transmission line that you requested that Poudre Valley REA supply you. The route begins at the Kodak Substation located in Section 26, Township 6 North, Range 67 West of the 6th P.M. It terminates at the proposed Bracewell Substation, which is proposed for the sole use of Owens-Brockway Bottle Manufacturing facility. If you need any additional information, please contact me. Sincer ly, im Byrne, P.E. Manager Engineering Services W:\My Documents\2003\Centerline description delivery letter.doc AN EQUAL OPPORTUNITY EMPLOYER Your Touchstone Energy"Partner 1Cfra N 1414608.17 E 3177687.06 s 1404)'9 E N 1414156.58 E 3179021.41 Ss,, __. SS _O4 yJ0 1... � m 'O '0S N 1413891.22 E 3179445.23 ! 00 S 19,96. ;. 5j7. # z SS 3 N 1413246.65 E 3181324.13 Z N 1413060.22 in < m E 3177701.03 o N I- 5-3 O APPROX. LOCATION OF BRACEWELL SUB O w O o N z N 1412964.51 O z E O o E 3181325.35 w rc R Z N 1412619.11 IX of I- a £ E 3177794.82 W O i m W .1 n _,"- a N: N O K J W O 0 3 ow = o -0- K I < = K -a O m J I 0- I 0- , 3 i, m O N -m N ON Z RR ® eg '-F8R ore Raft 1�Tl N 1410094.16 E 3176600.30 A..— ant___- S 89d11'21.7' E N 1410077.06 . .. m--- 1208.85 E 3177809.03 alai. - - - -_-' emon_- mPodi_- EXISTING KODAK •...._1 _- I SUBSTATION s Weld Co P, -,n Department Poudre POUDRE VALLEY RURAL c c ,-HCE Valley E ' ELECTRIC ASSOCIATION, INC. CH; 2 2003 • P.O. BOX 272550 7649 REA PARKWAY FORT COLLINS, CO 80527-2550 RE VED FORT COLLINS, CO 80528 Bus. Phone 970-226-1234 FAX 970-226-2123 800-432-1012 www.pvrea.com October 22, 2003 Ms. Monica Daniels Mika, AICP Director of Planning, Weld County Weld County Administration Offices 1555 N. 17t Avenue Greeley, Colorado 80631 Re: Application for Exemption to Section 1041 Regulations Dear Ms. Mika: In accordance with the provisions of 21-2-30 of the Weld County Policies and Ordinances, Poudre Valley REA seeks a determination by the Weld County Planning Department of this exemption request from the Section 1041 Regulations for a 115 kV transmission line extension and delivery substation it intends to construct within Weld County to provide electric power to the new Owens-Illinois glass bottle manufacturing facility. Poudre Valley REA requests an exemption from the 1041 Regulations for the 115 kV transmission line extension and delivery substation under the following provisions set forth in section 21-2-20 of the Weld County Policies and Ordinances: 21-2-20. Specific Activities Exempted from the Permit Process. D. Any system, extension, or project necessary to serve any... use approved under the zoning... or other land use regulations of Weld County as set forth in this code (with the exception of uses reviewed solely under C.R.S. § 30-28-110(1)), which meets one of the following criteria: 1. That the service provider obtains a specific exemption from the Planning Director.... Such exemption shall be based AN EQUAL OPPORTUNITY EMPLOYER Your Touchstone Energy®Partner K.R.J( POUDRE VALLEY RURAL ELECTRIC ASSOCIATION Ms. Mika October 22, 2003 Page Two on the conclusion that review of the proposed service facilities fall outside the purposes of the Section 1041 Regulations. Poudre Valley REA represents that the bottle manufacturing plant being built by Owens-Illinois is a specific single-entity, land-use facility zoned and approved or approval pending for construction. The 115 kV transmission line extension and delivery substation will be for the sole, necessary, and exclusive use and enjoyment of the Owens-Illinois facility and qualifies for an exemption of the Section 1041 Regulations. Alternatively, the review and consideration of the construction of the 115 kV transmission line extension and delivery substation to the Owens-Illinois facility by Weld County Planning would be accomplished through a Use By Special Review process. Such review would include the appropriate public hearings and justification of the need and location of the construction. Representatives from Poudre Valley REA are available to meet with you or to speak with you regarding this exemption request. Please contact Jim Byrne or me with your questions. I appreciate your time necessary to review this exemption request. Sincerely, Qoi1. C Ronald J. Carer General Manager RJC/mrf cc: Jim Byrne, Manager, Engineering Services AGREEMENT FOR PURCHASE OF POWER AGREEMENT made , 2003, between Poudre Valley Rural Electric Association, Inc. (hereinafter called "Poudre Valley") , and Owens-Brockway Glass Container, Inc. (hereinafter called "Owens- Brockway") , a corporation, WITNESSETH: Poudre Valley agrees to sell and to deliver to Owens-Brockway, and Owens-Brockway agrees to purchase from Poudre Valley all of the power and energy which Owens-Brockway may need at the plant site near Windsor, Colorado, upon the following terms and conditions: 1. SERVICE CHARACTERISTICS a. Service hereunder shall be 60 Hz, alternating current, three-phase, delivered to Owens-Brockway at 7.2/12.47 kilovolts (kV) . b. Poudre Valley agrees to install 115 kV ring bus delivery service to a new dual 115 kV transmission line for the exclusive use of Owens-Brockway. The 115 kV ring bus delivery will be constructed in an existing electrical substation located approximately one mile west of the Owens-Brockway plant site. Each segment of the 115 kV dual feed shall , under normal operating conditions, be connectable to all transformers serving the plant at any time during the term of this agreement; and each line feed shall be capable, throughout the term of this agreement, of carrying the entire plant load as such may be increased by the terms of this agreement. Each feed of the 115 kV dual transmission line shall connect to a separate terminal of the ring bus so as to provide effectively two power feeds to Owens-Brockway, each line being entirely separate and unaffected by the failure of generation or transmission of power through the other line. c. Poudre Valley further agrees to install two new power delivery transformers at the plant site, each having a nameplate rating of not less than kilovolt- amperes (kVA) within a substation site mutually agreed upon between Poudre Valley and Owens-Brockway. The power delivery transformers shall be complete with load-tap changers and current transformers for relaying and system protection. d. Poudre Valley further agrees to install all electrical equipment up to the point of connection of the 15 kV C:\My Documents\Carey\Owens.Brockway.agree 10.22.03.docPage 1 of 8 overhead bus to the underground distribution feeders installed by Owens-Brockway, including but not limited to two 115 kV ring bus breakers, two 115 transformer protection circuit switches, one 115 kV bus tie manually operated disconnect switch, two 115 kV-12.4/7.2 kV power transformers equipped with load tap changers, one 7.2 kV- 240/120 V station service transformers, two 15 kV disconnect switches, and the associated metering and relaying equipment necessary for the delivery of power and energy to the point of connection to Owens-Brockway. All revenue metering shall be at the delivery voltage and shall be provided and maintained by Poudre Valley. e. Poudre Valley further agrees to install and maintain all other related items in the delivery switchyard up to the point of delivery including but not limited to steel structures, ground grid bus, oil containment basin for the power transformers, remote wireless communications and control equipment and antennae, grading rock surfacing, and fencing of the substation area. The foundations for the transformer, related equipment, and structures shall be installed by Poudre Valley. Poudre Valley will provide a structural separation wall between the power transformers of sufficient height to prevent cross damage resulting from catastrophic failure of one of the units. f. Poudre Valley agrees to provide and install a separate electrical substation control building and foundation for Poudre Valley's relaying and metering equipment. Each party shall be responsible for the installation of their conduit and control wiring needs. Owens-Brockway agrees to provide a dedicated hardwired communications circuit for substation metering. g. Poudre Valley agrees to provide a separate station service transformer at a voltage level of less than 600 volts as needed by Poudre Valley. h. Owens-Brockway agrees to provide and install all electrical , structural , and protective equipment on the load side of the point of connection. Owens-Brockway shall maintain ownership of the substation property site. Owens- Brockway shall provide a ground wire of not less than 4/0 copper to bond the substation ground to Owens-Brockway equipment ground. i . Owens-Brockway agrees to grant an easement to Poudre Valley along a route mutually agreed to between the parties for the location of such electrical lines and other facilities as may be required to provide loop service to C:\My Documents\Carey\Owens.Brockway.agree 10.22 .03.docPage 2 of 8 Owens-Brockway, including a substation site, and does hereby grant to Poudre Valley, its agents, successors and assigns the right of ingress and egress in and over Owens- Brockway properties and control building for purposes of installation, operation, and maintenance of the facilities. The easement grant shall also include the necessary communication equipment to remotely monitor and control Poudre Valley' s equipment in the substation. j . Poudre Valley hereby grants to Owens-Brockway its agents, successors and assigns the right of ingress and egress to the substation and Poudre Valley's control building for such purposes as may be deemed necessary to carry out the mutually agreed upon operating procedures. k. The parties mutually agree that the design specifications of the substation delivery facilities shall be shared and coordinated and, to the extent practicable, shall incorporate the equipment specifications of the other party. 1 . The parties mutually agree to maintain their electrical equipment in accordance with the industry standards as they may be applicable at the time. The parties further agree to coordinate with the other party, to the extent practicable, such necessary maintenance as may be required to maintain safe, reliable service. Notwithstanding any other language in this agreement, Poudre Valley agrees to conduct oil sample analysis on the two power delivery transformers and associated load-tap changers at intervals of not less than 18 months and, if requested, shall share the results with Owens-Brockway. 2. FACILITIES OWNERSHIP, PAYMENTS, AND REBATES a. All of the facilities referred to above in paragraphs la through lg shall be owned by Poudre Valley or its successors or assigns. All the facilities referred to above in paragraph lh shall be owned by Owens-Brockway or its successors or assigns. b. The cost and expense of one-half of the ring bus delivery substation, the 115 kV loop transmission line, any easements necessarily purchased by Poudre Valley, and the facilities installed in accordance with paragraphs la through ig above shall be paid for by Owens-Brockway only as expenses are incurred and presented by Poudre Valley. To provide for surety of payment, Owens-Brockway shall provide an irrevocable letter of credit from a United States banking institution. At intervals of no greater C:\My Documents\Carey\Owens.Brockway.agree 10.22.03.docPage 3 of 8 than twice a month, Poudre Valley may present reimbursable charges to Owens-Brockway. Owens-Brockway shall make payment in the manner provided in paragraph (4e) . Owens- Brockway shall within a timely period notify Poudre Valley of any questions or concerns about any amount presented for payment. Expenses for the construction of the transmission line and the substation shall be maintained in separate accounts. The line of credit shall be extinguished four months following the Commencement of Service as determined in Section 3 below. c. Substation rebate: Initiating at the earlier of the date designated by Owens-Brockway as their start-up date or other date not to exceed 90 days beyond the "commencement date" as described later in this agreement, Poudre Valley shall apply a monthly credit to Owens-Brockway' monthly electric utility bill a rebate amount equal to $8.00 per kilowatt (kW) for the estimated annual peak for the following 12 months following such start-up or 90-day period as appropriate. Such rebate shall continue monthly for a period of up to 10 years and shall be trued up annually to the actual annual metered billing peak for the preceding 12-month period. Such rebate shall cease at such time as the earlier of the expiration of the 10-year period or such accumulated rebate equals the payment made to Poudre Valley for the initial construction of the substation. d. Transmission Line rebate: Initiating at the earlier of the date designated by Owens-Brockway as their start-up date or other date not to exceed 90 days beyond the "commencement date" as described later in the agreement, Poudre Valley shall apply a monthly credit to Owens- Brockway' monthly electric utility bill a rebate amount equal to $0.002 per kilowatt-hour (kWh) as registered on the billing meter. Such rebate shall continue monthly for a period of up to 10 years or until the rebate totals equal the amount Owens-Brockway paid to Poudre Valley for the construction of the ring bus delivery and the transmission line facilities, whichever comes first. e. Motor rebates: Poudre Valley and Poudre Valley' s wholesale power supplier, Tri-State Generation and Transmission Association, Inc. (Tri-State) , will rebate to Owens-Brockway $20.00 per horsepower (hp) for qualifying energy efficient motors or $10.00 per hp for standard design motors. Additionally, Poudre Valley and Tri-State will rebate to Owens-Brockway $1. 50 per hp as a wiring allowance for the installation of all motors. This rebate shall be available for all qualifying new or replacement C:\My Documents\Carey\0wens.Brockway.agree 10.22.03.docPage 4 of 8 motors installed through the end of 2004 at a minimum. This rebate offer will be extended annually thereafter for all qualifying motors installed at this site for as long as Tri-State makes such rebates. However, in the event at some point in the future Tri-State decides not to continue offering this rebate program or otherwise modifies the program, Poudre Valley agrees to provide Owens-Brockway a minimum of three-months' notice prior to the discontinuance or modification of the motor rebates or the wiring allowances . 3. COMMENCEMENT OF SERVICE a. Poudre Valley agrees to have service available as provided under this agreement by October 1, 2004, unless prevented from so doing by reason of accidents, strikes, labor troubles, acts of God, or the public enemy, or for any other reason beyond the reasonable control of Poudre Valley. b. The first contract year shall commence on the date power is first delivered to Owens-Brockway from Poudre Valley' s 115 kV service, or 30 days after Poudre Valley notifies Owens-Brockway in writing that service is available to Owens-Brockway from Poudre Valley' s 115 kV facilities, whichever first occurs; provided, however, that unless otherwise agreed in writing by both parties, the first contract year shall not begin prior to October 1, 2004. 4. RATES AND MINIMUM CHARGES a. Except as otherwise provided in this agreement, Owens- Brockway shall pay Poudre Valley for service hereunder at the rates and upon the terms and conditions set forth in the Tariffs and Rules and Regulations in affect on July 1, 2003, and as may be hereafter approved, modified, altered, or revised by the Poudre Valley board of directors or other regulatory authority with the legal power to approve, modify, alter, or revise such Tariffs and Rules and Regulations. The rate tariff applicable to the delivery of energy and power to Owens-Brockway as of July 1, 2003 is CP-5000D-03 and is attached hereto and is made a part the this agreement. b. Following the date as established above as the COMMENCEMENT OF SERVICE date, the "minimum monthly charge" shall be $1. 50 per kVA of the "required transformer capacity. " Notwithstanding the installation of transformers of greater capacity then initially required, C:\My Documents\Carey\Owens.Brockway.agree 10.22.03.docPage 5 of 8 such "required transformer capacity" is hereby mutually agreed to be two kVA transformers and such minimum monthly charge shall be $ . If at some time in the future, the load exceeds the then current "required transformer capacity" by more than 20%, the minimum monthly charge shall be adjusted accordingly. c. If at any time in the future, Poudre Valley initiates consideration of a proposal to approve, modify, alter, or revise the terms and conditions of the Tariffs and Rules and Regulations governing the service to Owens-Brockway, Poudre Valley shall give notice of not less than 30 days of a public hearing to consider such approval , modification, alteration, or revision. d. Poudre Valley shall offer and make available to Owens- Brockway the option of any tariff or tariff option provided to or made available to any other consumer of Poudre Valley receiving service in the same rate class (CP-5000D-03) as Owens-Brockway. e. Bills rendered for service hereunder shall be paid at the office of Poudre Valley in Larimer County, State of Colorado, monthly, within 20 days after the bill is mailed to Owens-Brockway. Payment may be made in person, by first class mail , ACH debit, wire transfer, or other means acceptable to both parties. 5. CONTINUITY OF SERVICE Poudre Valley shall use reasonable diligence to provide a constant and uninterrupted supply of electric power and energy; but if such supply shall fail or be interrupted , or become defective through an Act of God, or the public enemy, or by accident, strikes , labor trouble, or action of the elements, or inability to secure rights-of-way, or other permits needed, or for any other cause beyond the reasonable control of Poudre Valley, Poudre Valley shall not be liable therefor. 6. ACCOUNT AND MEMBERSHIP a. Owens-Brockway agrees to establish an electric account and to become a member of Poudre Valley. Owens- Brockway agrees to pay an account fee of $18.00, of which $5.00 shall pay the membership fee, and to be bound by the provisions of the articles of incorporation and by-laws of Poudre Valley and by such rules and regulations as may from time to time be adopted by Poudre Valley. C:\My Documents\Carey\Owens. Brockway.agree 10.22.03.docPage 6 of 8 b. Owens-Brockway, by paying the membership fee and becoming a member, assumes no liability or responsibility for any debts or liabilities of Poudre Valley and it is expressly understood that the property of Owens-Brockway cannot be attached for any debts or liabilities of Poudre Valley. 7. TERM This agreement shall become effective on the date first above written and shall remain in effect until 10 years following the start of the first contract year and thereafter until terminated by Owens-Brockway on two years' notice in writing and by Poudre Valley upon three years ' notice in writing. 8. CANCELLATION In the event Owens-Brockway terminates its operation of the plant subject to this agreement and as a result desires to cancel this agreement, then Owens-Brockway may cancel this agreement by giving six months written notification of their intend to cancel to Poudre Valley and by payment of a cancellation charge as follows : a. Within the first two contract years, extended as herein below provided, the charge shall be $ per month for each month remaining in the first two contract years, plus b. The sum of 50% of the then applicable monthly minimum, not to be less than $27,000, per month for each month remaining in the term of this agreement, as described above. 9. SUCCESSION This agreement shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the respective parties hereto. 10. NOTIFICATION For the purposes of this agreement, each party hereby designates the following person as the official person to receive notices on behalf of their respective party with regard to this agreement: C:\My Documents\Carey\Owens.Brockway.agree 10.22.03.docPage 7 of 8 General Manager Poudre Valley REA P.O. Box 272550 Fort Collins, CO 80527-2550 Owens-Brockway Glass Container, Inc. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed by their duly authorized representatives all as of the day and year first written. POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. (SEAL) By President ATTEST: Secretary OWENS-BROCKWAY GLASS CONTAINER, INC. (SEAL) By President (or appropriate corporate officer) ATTEST: Secretary Attachment: CP-5000D-03 C:\My Documents\Carey\Owens.Brockway.agree 10.22.03.docPage 8 of 8 O DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (97 304-6498 WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE lGREELEY, COLORADO 80631 C. COLORADO September 25, 2003 Jim Byrne, Manager Engineering Services Poudre Valley Rural Electric Association, Inc. P.O. Box 272550 Ft. Collins, CO 80527-2550 Subject:Request for"Specific Exemption"from Permit Requirements—Areas and Activities of State Interest Dear Mr. Byrne: It is my understanding Poudre Valley Rural Electric Association, Inc.,intends to construct and operate a 115 kV transmission line extending from an electrical substation located on the Kodak property to an electrical substation located on the proposed Owens-Illinois Glass, Inc., Bottle Manufacturing facility("Owens"). The transmission line and Owens' substation are subject to the regulations set forth in Chapter 21 of the Weld County Code, because they come within the definition of"major facility of a public utility" in Code Section 21-3-20. Your letter of September 17, 2003, requests that the I approve a "specific exemption" from the permit requirements of Chapter 21 for the construction and operation of these facilities. The reasons you state in your letter are that the facilities will only serve Owens, and upon installation the transmission line will parallel existing transmission facilities and/or existing rail lines. Through this letter I am denying your request for"specific exemption,"pursuant to Code Section 21-2-20 D.1. I find that regulation of the proposed electric facilities falls within the purposes set forth in Chapter 21. Although the transmission line and substation will serve Owens, I understand that future transmission lines will be able to extend out of the Owens'substation. Thus,the transmission line and substation could serve users other than Owens. Additionally, it is my opinion that the owners of the properties adjacent to the Owens site were not fully notified of their right to comment on the installation of the transmission line and substation through the change of zone hearing process for that property. Code Section 21-2-20 D.1. provides the right to appeal my denial of"specific exemption"to the Board of County Commissioners within fifteen (15) days of your receipt of this letter. If you chose to do so, please send your written appeal to the Board at P.O. Box 758, 915 10th Street, Greeley, CO 80632. I may be contacted at the above address and telephone number should you have additional questions regarding my decision. Sincerely, f;J Mon ca Daniels Mika, AICP Director cc: Bruce Barker SERVICE,TEAMWORK,INTEGRITY,QUALITY • Poudre\R POUDRE VALLEY RURAL Valley EAR ELECTRIC ASSOCIATION, INC. P.O. BOX 272550 7649 REA PARKWAY FORT COLLINS, CO 80527-2550 FORT COLLINS, CO 80528 Bus. Phone 970-226-1234 FAX 970-226-2123 Weld County Planning Department www.pvrea.com 800-432-1012 GREELEY OFFICE September 17, 2003 SEP 18 2003 RECEIVED Weld County Planning Ms. Michelle Katyrynick 1555 North 17th Avenue Greeley, Colorado 80631 Hand Delivered Subject: Owens-Illinois Glass,Inc. Bottle Manufacturing Facilities Dear Ms. Katyrynick: As per our discussion on Wednesday, September 17, 2003, I am conveying this letter to request the Planning Department consider the permitting process of the above captioned facilities to also be the vehicle in which the electric facilities require to serve these facilities are reviewed and permitted. The reasons for my request are as follows: 1. The bottle manufacturing facilities will be the sole customer of the transmission/substation facilities extended in this application. 2. The transmission facilities required to serve this facility will be paralleling existing transmission facilities and or existing rail lines. See the attached sketch. Allowing the transmission facilities to be considered in the same permitting process really makes sense as the entire project gets reviewed as a whole,that it really is. Thank you for your consideration and if you have any questions,please do not hesitate to contact me. Sincer ly, Jim Byrn e„ E Manager Engineering Services Cc: Ron Carey Myles Jensen Eric Ramlow W:Vvty Documents\2003VB\Weld Co Planning review request.doc Your Touchstone Energy'Partner .n�1C AN EQUAL OPPOnTUNlTY EMPLOYER .l Ln Ni C: ;z: N Ui , p cc cc O O U U _ _ 39 Cq2 ii.,O .. 3 / EXISTING 230kV. \ TRANSMISSION FACILITIES PROPOSED 115kV. TRANSMISSION FACILITIES 23 24 ---, �� PROPOSED . KODAK (20) SUBSTATION ZL _ �� SITA ++w, `' Li 7- n °'o I ,0 CO RD 54 3/4 ry oto I F w,... � \ o rc / u -O0 ii I I r ti. 5 II iQ 1 it J _ II I( II L4 0 II au II 1 a D P -_ I ® II oi ! II J I // V I I I I II LA A0 . G J t 35 l J36 T6NR67W DRAWING NAME: JIMS B0TTLEPLANT-K0DAK.DWG NOTICE Pursuant to the zoning laws of the State of Colorado and Section 21-2-20.C.1 of the Weld County Code,a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado,Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in orderfor you to participate in this hearing,please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners,Weld County Centennial Center,915 10th Street,Third Floor,Greeley,Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. DOCKET NUMBER: #2003-84 DATE: December 10, 2003 TIME: 10:00 a.m. APPLICANT: Poudre Valley Rural Electric Association, Inc. P.O. Box 272550 Fort Collins, Colorado 80527-2550 REQUEST: Appeal of denial by the Director of Department of Planning Services for Special Exemption from the 1041 Regulations for a 115 kV Transmission Line Extension and Delivery Substation to serve the new Owens-Brockway Bottle Manufacturing Facility LEGAL DESCRIPTION: Section 26, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado LOCATION: See attached map and legal description for precise location. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: November 14, 2003 PUBLISHED: November 20, 2003, in the South Weld Sun • STATE OF COLORADO ) )s.s. COUNTY OF WELD ) TMcmple* N Olincawfile may be.xameted in the office of the Clerk to Ruth Pelton-Roby, as manager of Pelton I;,,ant to the Board of cWty dtlle StateCommissioners, Weld the zonbpl Publishing Company LLC, being duly of Colorado and Sedlon County Centennial Ceder, 91sworn, states that it is publisher of the 21-2-20.C.1 of the Weld Flo 10th Street, Third Weld Sun, a week) newspaper or,Greeley. Colorado. Y County Code,a public FloMenrq vdll be held in de E-Mail messages sad to an Commissioner published in Keenesburg in said County Chenbers of the Board o me individual the and State; that said newspaper has a view Comb,uCak adrs o tee To ensure I Weld County twin"' of your Eaetl general circulation in said County and has Ceder, 915 10th Street, canwpondinse .eo Ma case Me,please been continuously and uninterruptedly First Floor, Greeley, copy 1e Colored°. et the time published therein, during a period of at wedfied. dranpgw•weld•co.ta. If a court least fifty-two consecutive weeks prior to reports is desired,Pleases DOCKET NUMBER: the first publication of the annexed notice; Board in writing. at least Was the Cleric to the 62003-04that said newspaper is a newspaper me days prior to the DATE: December 10, TV cost of 2003 within the meaning of the act of the engaging a court reporter General Assembly of the State of Well be borne by the TIME:- 10,00 a.m. requesting party. to Colorado, entitled "An Act to regulate the accordance with the APPLICANT: Rural printing of legal notices and Ac/act,ce if Disabilities ESOP° soudre ociati illy Inc. advertisements" and amendments accommodations are P.O.Box272550 required in order for you to Fort Collins, Cderedo thereto; that the notice of which the partidpete in this hewing. 80527-2550 annexed is a printed copy taken from said tpleaseBoards Office Clod to these coat OI0u at(970) REQUEST: Appeal of newspaper, was published in said 3364215.Extension 4228, denial by the Director of prior to the day of the Department of Planning Qpwspaper, and in the regular and entire being. Service, for Special 41 sue of every number thereof, once a Exemption from 1 7 k Regulations' i n 115 kV week for �! successive weeks; that Transmission Line Eubstsio and Delivery w said notice was so published in said subewia,m.w.m,.new Owens-Brockway newspaper proper and not in any yoBottlManufacturingManufacManufacturingFairq Facility supplement thereof, and that the first ublication of said notice as aforesaid, LEGAL DESCRIPTION: 6 p Section zd, w Tow1W B was on the ____day of North.Rang.67 West of P.M.;Weld County, 2003, and the last Cthow� Colorado LOCATION:Sae attached on the_;:::,7, day O{-� map-c legal desolation �,7, r, 3 i- ;. r..' 2003. for weds.kgetbn. BOARD OF COUNTY COMMISSKN4ERS WELD PELTON PUBLISHING COMPANY LLC COLORADOouNrv, B uAjtt Q� ��� 2003 NwerOr 14, y 2aa1 Ruth Pelton-Roby PUBLISHED: November 20, 2003, In the SAM Weld Sum Its: Manager , 911`_111„I, SubsctJtb id:syvo(yk{bbefore me this day o t&; ? 2003. _ • • — =e � Notary,'1:11 rr:n1l, ,,.r�. (\� xa CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket#2003-84, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 18th day of November, 2003. POUDRE VALLEY RURAL ELECTRIC RUTH WINDER REVOCABLE TRUST ASSOCIATION INC 2016 28TH AVENUE #104 ATTN: JIM BYRNE GREELEY CO 80634 PO BOX 272550 FORT COLLINS CO 80527-2550 TOWN OF WINDSOR 301 WALNUT STREET TODD AND KARLA BALFANZ PO BOX 627 32388 WELD COUNTY ROAD 23 WINDSOR CO 80550 WINDSOR CO 80550-3210 CARROLL BAKER MARLYN DE TIENNE 16041 WEST 74TH AVENUE 34180 WELD COUNTY ROAD 19 ARVADA CO 80007 WINDSOR CO 80550 LEE AND JOY DETTERER EASTMAN KODAK COMPANY 31815 WELD COUNTY ROAD 23.75 ATTN: CORP TAX DEPARTMENT, GREELEY CO 80631 MARK CAMARATA 343 STATE STREET NANCY LIKARISH ROCHESTER NY 14650 2404 NORTH WASHINGTON SPOKANE WA 99205 NEIL GRIGG 905 EDWARDS STREET HAROLD LONG AND SON INC FORT COLLINS CO 80524 AND HAROLD AND CAROL LONG 11492 WELD COUNTY ROAD 64.75 RICHMAR WINE LLC GREELEY CO 80631 AND RICHARD AND MARILYN WEINMEISTER SUKHMINDER SINGH AND JASVIR 31703 WELD COUNTY ROAD 23 MAAN GREELEY CO 80631 668 TRAMMEL WAY GALT CA 95632 TIMOTHY AND LANA STUTZMAN HC 80 BOX 54 BRENT AND CHARLOTTE VENANGO NE 69168-9720 SPRINGFORD 1944 SOUTH HULL STREET MONTGOMERY AL 36104 CERTIFICATE OF MAILING - POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. PAGE 2 KURT AND JERI THORNTON 11240 HILLCREST DRIVE GREELEY CO 80631-9392 Deputy Clerk to the Board Page 1 of 1 Property Owners Within 1320 ft. of Parcel# 080723000018 NAME MAILING ADDRESS PARCEL IDENTIFICATION# 32388 COUNTY ROAD 23 BALFANZ TODD R & KARLA R 080723000051 WINDSOR,CO 80550-3210 34180 WCR 19 DE TIENNE MARLYN R 080723000015 WINDSOR,CO 80550 ATTN CORP TAX DEPT- MARK EASTMAN KODAK CO CAMARATA 080726000014 343 STATE ST ROCHESTER,NY 14650 905 EDWARDS ST GRIGG NEIL S 080723000052 FORT COLLINS,CO 80524 PUBLIC SERVICE CO OF COLO 080723000017 STATE ASSESSED, 31703 WELD CO RD 23 RICHMAR WINE LLC & 080726000013 GREELEY,CO 80631 HC 80 BOX 54 STUTZMAN TIMOTHY J & LANA J 080724000020 VENANGO,NE 69168-9720 HC 80 BOX 54 STUTZMAN TIMOTHY J & LANA J 080723000053 VENANGO,NE 69168-9720 WEINMEISTER RICHARD & 31703 RD 23 MARILYN 080726000028 GREELEY,CO 80631 WINDER RUTH REVOCABLE 2016 28 AVE #104 TRUST (1/2 INT) & 080724000019 GREELEY,CO 80634 WINDER RUTH REVOCABLE 2016 28 AVE#104 TRUST (1/2 INT) & 080725000012 GREELEY,CO 80634 301 WALNUT ST WINDSOR TOWN OF P 0 BOX 627 080726000042 WINDSOR,CO 80550 http://maps.merrick.com/website/weld/setSql.asp?cmd=buffer&PIN=080723000018&Par... 10/30/2003 Page 1 of 2 ProgertyOwners Within 1320 ft. of Parcel# 08072.5.000012 NAME MAILING ADDRESS PARCEL IDENTIFICATION# 16041 W 74TH AVE BAKER CARROLL L & 080725000047 ARVADA,CO 80007 34180 WCR 19 DE TIENNE MARLYN R 080723000015 WINDSOR,CO 80550 31815 COUNTY RD 23 3/4 DETTERER W LEE 080724400056 GREELEY,CO 80631 31815 COUNTY RD 23 3/4 DETTERER W LEE 080724400057 GREELEY,CO 80631 31815 COUNTY RD 23 3/4 DETTERER W LEE 080724400058 GREELEY,CO 80631 31815 WCR 23 3/4 DETTERER W LEE 080725000044 GREELEY,CO 80631 31815 WELD CO RD 23 3/4 DETTERER W LEE & JOY LOU 080725000045 GREELEY,CO 80631 ATTN CORP TAX DEPT- MARK EASTMAN KODAK CO CAMARATA 080726000014 343 STATE ST ROCHESTER,NY 14650 ATTN CORP TAX DEPT - MARK EASTMAN KODAK CO CAMARATA 080726000032 343 STATE ST ROCHESTER,NY 14650 2404 N WASHINGTON LIKARISH NANCY D 080725000007 SPOKANE,WA 99205 11492 WCR 64 3/4 LONG HAROLD & SON INC 080725400002 GREELEY,CO 80631 11492 WELD CO RD 64 3/4 LONG HAROLD L & CAROL A 080726000033 GREELEY,CO 80631 MAAN SUKHMINDER SINGH & 668 TRAMMEL WAY JASVIR K 080725300001 GALT,CA 95632 PUBLIC SERVICE CO OF COLO 080723000017 STATE ASSESSED, 31703 WELD CO RD 23 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080725000012&Par... 10/30/2003 Page 2 of 2 RICHMAR WINE LLC & GREELEY,CO 80631 080726000013 SPRINGFORD W BRENT & 1944 S HULL ST CHARLOTTE T 080725101001 MONTGOMERY,AL 36104 STUTZMAN TIMOTHY J & LANA HC 80 BOX 54 J 080724000020 VENANGO,NE 69168-9720 STUTZMAN TIMOTHY J & LANA HC 80 BOX 54 J 080725000011 VENANGO,NE 69168-9720 STUTZMAN TIMOTHY J & LANA HC 80 BOX 54 J 080723000053 VENANGO,NE 69168-9720 THORNTON KURT A& JERI 11240 HILLCREST DR LYNN 080725101002 GREELEY,CO 80631-9392 WEINMEISTER RICHARD & 31703 RD 23 MARILYN 080726000028 GREELEY,CO 80631 WINDER RUTH REVOCABLE 2016 28 AVE#104 TRUST (1/2 INT) & 080723000018 GREELEY,CO 80634 WINDER RUTH REVOCABLE 2016 28 AVE #104 TRUST (1/2 INT) & 080724000019 GREELEY,CO 80634 301 WALNUT ST WINDSOR TOWN OF P O BOX 627 080726000042 WINDSOR,CO 80550 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080725000012&Par... 10/30/2003 EXHIBIT INVENTORY CONTROL SHEET APPEAL OF DENIAL FOR SPECIAL EXEMPTION FROM 1041 REGULATIONS - POUDRE VALLEY REA, INC. Exhibit Submitted By Exhibit Description A. Planning Staff Picture of posted notice B. Planning Staff Picture of posted notice C. Poudre Valley REA Service Agreement D. Poudre Valley REA Oversized Map E. Poudre Valley REA Picture of tower F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. k. af'ry( °'M h`4'44,!•'-;44'....-1, d 0'•r �d 5d4. �.• • U� 4 .:: 74 .y ''t It4ai r '� a .,p ey rg 44 4. ,.4& a'u ; • ;i, ':a, a t" �4 fri 4(c `'*t •,� s' n. ,�'kae� x r " a ,a-zxxry rc k' • tt ' Mme.r ' ' � x�p ''w .4 i� �s:i �� ""�C'•h *s} ! -t all Z C E ..S $ - ' i r j j.. .1...t..1'..-.;'''''%'77:1 '''' ' r' { �y A• PUBLIC HEARING CONCE KING , w f : w • r TH15 PRO�P�i�ER�T_Y:WIL 8E HEI O A•Tt � y . f a � '� c e.. -' r t t aV}4* i.E.f""i,,�'" •:—. •• $" `t�"�y. i • '�•x �, 3i C �aa ,'$# E € a' k$e w c • a _ay : � t•x 't't 7.w� t* 14 4.044.#1,4'..-%! us. '"' 1.. , L{� E ..f.Lh 4! k �,.4 r,.7:,,,,•''',:.':,..,..• ` ;' ..,. .•R .tu F I. } 1 S G llk���$3(+/q�)y'ef TEA 4414 t 9'- . 4. n. y^ i� i t'' ftoet. el t£NUA.'2 tt E1 J M'4 4'...-....,0;,;`..,,,:,.'..:,•••44i4,-At 2 - i. •.1kri. a ,° c�' ii 1'I h aP G4i+ts1' ' tt Utrrxiit;�y d *.( s r = ." x PEaUE'- . `` ,` "" r � a 4 e 4I A ..F „ T.: Y' " i-i 4�NL iit #'� YRI.d �cv vx a 's.#'S a `.t ,;-f t ` R 1. bt-. M n FORSIAORE INFORMATION CAL! h � �4 _ WELD COUNTY DE 'ARTMENT OF as `r # PL IN�[ING SERVI ES AT �x sre:.':•.,,: • {370)353 . 6100 ext.. 35. . x 4: } [ ,p M'#M�,,''"g :i ;,•:•••ee:: •• ii. V' Gi *) rn' ≥ '- -y .V.,11..."'"' F ( A.M d •ixF f$ ' `I'! C• V'. T i y� 5 t L.' y i j - - y ! `err • c °�P}�. 4 2 '�5- Yi' ` h,g .y +r scr yiT L. :•1' spy, y1�}{cstra�lria 4e •- 'iA"" .: :'₹' ..a `�r& .+� �a` Y3 "" ,t ii,k'M' *,`.,F.0 § : .x .wfi ...i EXHIBIT .s. ... .; ,.... my„ ,4E9' f 1'.a "l""r.r- Viii, .�•y'- 4.. t 4Y.1T i� 4 }tiOn(^�xLJ CV ■{�y4:1 2V'rj {�(*{'. • !(_J/:-•'5,.t: +.""' .r . ErK � EAYm **CV 0�, CERNIN •Q- w _�' '•�'.„„.,-P1{q}.}Y.'.�yM,1PR,yr,Y t l �lyr{ ,::-. y} y• }' E Y - .. . j L Z4.,, ��Yti Y DI i Af.i'^F. i t r, oiw4 � F . '� tF t 5 f t d yP7� 1 kn I �! ,+I w t F - !. .� �y } I ri¢#'c:`e�'F"'a I W - ir',7�4.t tah` „jwa ''. F- r h i i °+1! _. ..,. r"":_•#uz • :** tM :V �'� [ a a7 .. .... s $'' Tw""�, 44;•¢ r t . wy'yt�i { + : a d •.it :''#k-: Xtm,t; e I t om, x�` 4 �.�;': '�Jlk µW'° d !4'R k',r4kr .M ar 4 4 :mgnw q Tip s w i itiRm Si •.'. . p«.. a ..w a: s m • 'w..;F+: .,,yy„ ,4w ,,. • ... "°*« .qw. a 7 .r .� '( t ,Y:-i• .a� ''tsc.:t 4 a a:• M pn f t a ! ¢ 5 I,•'#,� fir` 7 i . t �' a« -r C I '� :. 4. EXHIBIT i 5 AGREEMENT made , 2003, between Poudre Valley Rural Electric Association, Inc. (hereinafter called "Poudre Valley") , and Owens-Brockway Glass Container, Inc. (hereinafter called "Owens- Brockway") , a corporation, WITNESSETH: Poudre Valley agrees to sell and to deliver to Owens-Brockway, and Owens-Brockway agrees to purchase from Poudre Valley all of the power and energy which Owens-Brockway may need at the plant site near Windsor, Colorado, upon the following terms and conditions: 1. SERVICE CHARACTERISTICS a. Service hereunder shall be 60 Hz, alternating current, three-phase, delivered to Owens-Brockway at 7.2/12.47 kilovolts (kV) . b. Poudre Valley agrees to install the Whitney Switchstation 115 kV ring bus delivery service to a new dual 115 kV transmission line for the exclusive use of Owens-Brockway. The 115 kV ring bus delivery will be constructed in an existing electrical substation located approximately one mile west of the Owens-Brockway plant site. Each segment of the 115 kV dual feed shall , under normal operating conditions, be connectable to all transformers serving the plant at any time during the term of this agreement; and each line feed shall be capable, throughout the term of this agreement, of carrying the entire plant load as such may be increased by the terms of this agreement. Each feed of the 115 kV dual transmission line shall connect to a separate terminal of the ring bus so as to provide effectively two power feeds to Owens- Brockway, each line being entirely separate and unaffected by the failure of generation or transmission of power through the other line. c. Poudre Valley further agrees to install two new power delivery transformers at the plant site, each having a nameplate rating of not less than 15/20/25 megavolt-amperes (mVA) at 55 degrees Centigrade within a substation site mutually agreed upon between Poudre Valley and Owens- Brockway. The power delivery transformers shall be complete with load-tap changers and current transformers for relaying and system protection. EXHIBIT Page 1 of 8 d. Poudre Valley further agrees to install all electrical equipment up to the point of connection of the 15 kV overhead bus to the underground distribution feeders installed by Owens-Brockway, including but not limited to the following: two 115 kV ring bus breakers at Whitney Switchstation,two 115 kV transformer protection circuit switchers at Bracewell Substation, one 115 kV bus tie manually operated disconnect switch, two 115 kV-12.47/7.2 kV power transformers equipped with load tap changers, and two 15 kV disconnect switches, and the associated metering and relaying equipment necessary for the delivery of power and energy to the point of connection to Owens-Brockway. All revenue metering for the Bracewell Substation 115 kV delivery shall be at 12.47 kV delivery voltage and shall be provided by Poudre Valley and owned and maintained by Poudre Valley's power supplier, Tri-State Generation and Transmission Association, Inc. e. Poudre Valley further agrees to install and maintain all other related items in the delivery switchyard up to the point of delivery including but not limited to steel structures, ground grid bus, oil containment basin for the power transformers, remote wireless communications and control equipment and antennae, grading rock surfacing, and fencing of the substation area. The foundations for the transformer, related equipment, and structures shall be installed by Poudre Valley. Poudre Valley will provide a structural separation wall between the power transformers of sufficient height to prevent cross damage resulting from catastrophic failure of one of the units . f. Poudre Valley agrees to provide and install a separate electrical substation control building and foundation for Poudre Valley's relaying and metering equipment. Each party shall be responsible far the installation of their conduit and control wiring needs. Owens-Brockway agrees to provide a dedicated hardwired communications circuit for substation metering. g. Poudre Valley agrees to provide a 7.2 kV-240/120 V station service transformer as needed by Poudre Valley. Page 2 of 8 ORIGINAL FILE CONTAINS LARGE MAP POUDRE VALLEY REA PROPOSED 115 kv DOUBLE CIRCUIT EXHIBIT D Puudre RE_ volley A /- ‘N, EXHIBIT NOT TO SCALE nu"Mrncru"wY%L-eeeru.DWGI u10,0$ { RE`ASCN OWENS-BROCKWAY 115kV. DOUBLE CIRCUIT POUDRE VALLEY R.E.A. (TYPICAL) Hello