HomeMy WebLinkAbout20033171.tiff HEARING CERTIFICATION
DOCKET NO. 2003-84
RE: 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
OWENS-BROCKWAY BOTTLE MANUFACTURING FACILITY - POUDRE VALLEY
RURAL ELECTRIC ASSOCIATION, INC.
A public hearing was conducted on December 10, 2003, at 10:00 a.m.,with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Monica Mika
The following business was transacted:
I hereby certify that pursuant to a notice dated November 14, 2003, and duly published
November 20,2003,in the South Weld Sun,a public hearing was conducted to consider the appeal
of Poudre Valley Rural Electric Association (REA), Inc., regarding the 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. Bruce Barker,County Attorney,made this a matter of record. He stated the
Director of Planning Services made a determination to deny the specific exemption, and
Section 21-1-20.D.1 of the Weld County Code allows the applicant to appeal the decision to the
Board of Commissioners. In response to Commissioner Geile, Mr. Barker stated this action will not
create a precedent because the request is fact-specific. Monica Mika, Department of Planning
Services, indicated the proposed location of the kV transmission lines, as well as the Owens-
Brockway and Kodak facilities. She stated her decision was based on the fact that the exemption
would not allow for any further public input, and the concern that the proposed substation implies
that anyone can come in at a future date to connect for expansion. She indicated the service
boundary lines of Poudre Valley and Public Service Company,and stated notification was provided
to property owners within 500 feet of the line and within one-half mile of the proposed substation.
Ms. Mika submitted evidence of sign posting, marked Exhibits A and B. In response to
Commissioner Jerke, Ms. Mika indicated the existing and proposed lines. Mr. Barker stated
Section 21-1-20.D.1 indicates in order to grant a special exemption the Board must find the proposal
falls outside the purposes of the 1041 Regulations.
Ronald Carey,General Manager for Poudre Valley REA,submitted a Service Agreement, marked
Exhibit C,and he read portions for the record. He stated the line will be for the exclusive use of the
Owens-Brockway facility,which will pay for the construction of a two-mile,dual-circuit line from the
2003-3171
PL1693
HEARING CERTIFICATION - POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.
PAGE 2
Kodak facility. Responding to Commissioner Geile, Mr. Carey stated Poudre Valley REA will own
the transmission line, as well as the substation facility located on the Owens-Brockway property,
and they will be responsible for the maintenance. He clarified that if another company comes into
the area, they will have to construct another circuit from the Kodak substation. Mr. Carey stated
Poudre Valley REA will purchase 75 feet of right-of-way,37.5 feet on both sides of the transmission
line. He stated they have discussed entry rights with the property owners to survey the line;
however, they have not discussed purchasing an easement.
Jim Byrne, Engineering Services Manager for Poudre Valley REA, stated the Kodak substation
services an existing 115 kV line,and there is also a separate 230 kV line in the area which is owned
by Xcel Energy serviced by the Windsor substation. He stated Poudre Valley REA intends to build
an additional 115 kV line, and they are requesting a concurrent review with the Owens-Brockway
permit,which will not bypass the opportunityfor public review and input. He submitted an aerial map
of the proposed route for the line, marked Exhibit D,which he reviewed for the record. Mr. Byrne
stated they need to do a survey and archeological study in accordance with State regulations. He
reiterated they have discussed the need for a survey with the property owners,and they were also
notified of the proposal through this hearing process. He stated they are proposing a double circuit
line,and he submitted a photograph of a single pole, marked Exhibit E. He further stated they are
trying to use a route which will impact the fewest properties, therefore, they are proposing to use
an existing corridor and the railroad. Responding to Commissioner Geile,Mr. Byrne stated Owens-
Brockway requested dual service,so there will be two transformers that can each serve the entire
plan. He stated they have met with the power supplier, Tri-State, to verify that there is ample
capacity for the Kodak facility,as well as the final build out of the Owens-Brockway site. He further
stated Owens-Brockway does not plan to have any generation functions, other than a small
generator for emergency lighting and computers. He stated the generator will be located at the
plant, not the substation. Mr. Byrne stated the Kodak facility has 15 megawatts of generation
capacity which will not affect the lines in any way. Responding to Commissioner Jerke, Mr. Byrne
stated the proposed route follows an existing corridor and railroad the entire way, and there is a
railroad spur as part of the Owens-Brockway facility. He further stated they do have the right of
eminent domain; however, they also have the responsibility to negotiate, if possible.
Nolan Olmer represented Marlin De Tienne,surrounding property owner,and expressed concern
with the Greeley pipeline that needs to be relocated to accommodate a nine-lot subdivision. He
stated it is important that the property owners be notified of any regulations for setbacks.
Responding to Commissioner Jerke, Mr.Olmer stated the transmission line is on his property north
of the tracks. He owns 80 acres, with 40 acres on each side of the tracks. Commissioner Geile
commented the Board is currently considering an exemption;however,if the exemption is denied,
then there is a 120-day process which allows for public review and input. Mr. Barker stated the
primary factor which needs to be considered is whether any factor of the proposal should be
covered by the 1041 Regulations. Commissioner Geile commented the configuration in relation to
Mr. De Tienne's property needs to be addressed by Poudre Valley REA. Responding to
Commissioner Geile,Mr.Olmer stated the property is serviced by Xcel Energy. In response to Mr.
De Tienne,Commissioner Geile explained it does not matter who provides service to his property,
he just wants to ensure Poudre Valley REA will work with the public. There being no further
comments, Chair Long closed public testimony.
Mr. Carey stated they have only used eminent domain once; all other proposals were resolved
through negotiations. He reiterated that Poudre Valley REA has meet with the surrounding property
2003-3171
PL1693
HEARING CERTIFICATION - POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.
PAGE 3
owner,and he has not been presented with any issues that cannot be accommodated. He stated
the proposed route is the best route for crossing the 230 kV line and will have the least impact.
Responding to Commissioner Geile, Mr. Carey stated the existing 115 kV line into the Kodak
substation will not be modified.
Ms. Mika stated staff is working with Owens-Brockway to ensure there is downward lighting. Mr.
Carey indicated Poudre Valley REA will work to have a consistent lighting plan for both facilities.
Commissioner Geile stated Section 21-2-220.D.1 allows fora Special Exemption,the proposed line
appears to be the primary feeder line to serve the Owens-Brockway facility,and it will not traverse
a long distance. He stated this does not fall under the 1041 Regulations for a Major Facility of a
Public Utility. Commissioner Jerke concurred and stated the 1041 process is not warranted
because the proposed route corresponds with a line corridor, as well as a railway, that is also
related to the Owens-Brockway facility. Commissioner Masden concurred that a Special Exemption
is warranted. Commissioner Vaad commented the 1041 process could have required the line to
be buried underground; however, the proposed route follows another above ground line so the
proposal is compatible. Chair Long concurred with the previous comments. Mr. Barker stated the
draft Resolution adequately addresses the Board's comments.
Commissioner Geile moved to approve the request of Poudre Valley Rural Electric Association, Inc.,
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. The motion
was seconded by Commissioner Vaad, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:10 a.m.
This Certification was approved on the 15th day of December 2003.
APPROVED:
BO D OF COUNTY COMMISSIONERS
ATTEST:
�//��_�� t WE OUNT , DO CQIO
leqb
David E. Long, Chair
Weld County Clerk td the +4I0. : y1♦�
. FitRo ert D. asden, Pro-Tem
BY:
Deputy Clerk to the
M. Geile
TAPE #2003-47 Re' .<
Will H. Jerke
DOCKET#2003-84
Glenn Vaad
2003-3171
PL1693
Hello