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
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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
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Weld County Clerk to the B arc
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M. J. Geile
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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
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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
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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
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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