HomeMy WebLinkAbout20011545.tiff HEARING CERTIFICATION
DOCKET NO. 2001-30
RE: DESIGNATION OF THE SITE SELECTION AND CONSTRUCTION OF THOSE MAJOR
FACILITIES OF A PUBLIC UTILITY CONSISTING OF TRANSMISSION LINES, POWER
PLANTS, AND SUBSTATIONS OF ELECTRICAL UTILITIES AS A MATTER OF STATE
INTEREST, DIRECTION TO STAFF, AND IMPOSITION OF MORATORIUM
A public hearing was conducted on May 16, 2000, at 10:00 a.m., with the following present:
Commissioner M. J. Geile, Chair
Commissioner Glenn Vaad, Pro-Tem - EXCUSED
Commissioner William H. Jerke
Commissioner David E. Long
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
The following business was transacted:
I hereby certify that pursuant to a notice dated April 6, 2001, and duly published April 11, 2001, in
the Tri-Town Farmer and Miner,a public hearing was conducted to consider designation of the site
selection and construction of those Major Facilities of a Public Utility consisting of transmission
lines, power plants, and substations of electrical utilities as a matter of State interest, pursuant to
Section 24-65.1-401, C.R.S., and setting of a public hearing regarding such designation. Bruce
Barker, County Attorney, made this a matter of record, and submitted a memorandum explaining
the request, which he reviewed for the record. He stated a copy of the notice for this hearing was
published and sent to the Colorado Land Use Commission pursuant to Colorado statute. Mr.
Barker reviewed the current review and appeal process as indicated in his memorandum. He
stated House Bill 01-1195 was recently passed,which amended Section 29-20-108 of State statute
and allows for denial of a permit to be appealed to the Public Utilities Commission, rather than the
Board of County Commissioners. Mr. Barker explained he initially thought the bill would make
exception for 1041 powers, and appeals would be forwarded to the District Court rather than the
Public Utilities Commission. However, the Bill states any permit will be appealed to the Public
Utilities Commission, and he reviewed the various pro's and con's indicated in his memorandum.
Mr. Barker recommended the Board not proceed with the 1041 powers designation at this time,and
that the matter be withdrawn and considered at a later date if necessary.
Responding to Commissioner Jerke, Mr. Barker stated under the current provisions of the Weld
County Code, the Board still has the provision for accomplishing the items listed as pro's in his
memorandum. He stated the primary advantage of the 1041 powers is that they provide more
extensive authority to deal with mitigation measures.
Chair Geile stated the final amendments of House Bill 01-1195 still need to be signed by the
Governor. He stated under the Weld County Charter and Colorado statute,the Board can consider
major facilities of a public utility once the application has been heard by the Planning Commission.
He stated many members of the public have expressed a desire for the Board to consider the
C �� 2001-1545
BC0031
HEARING CERTIFICATION - DESIGNATION OF THE SITE SELECTION AND
CONSTRUCTION OF THOSE MAJOR FACILITIES OF A PUBLIC UTILITY CONSISTING OF
TRANSMISSION LINES, POWER PLANTS, AND SUBSTATIONS OF ELECTRICAL UTILITIES
AS A MATTER OF STATE INTEREST, DIRECTION TO STAFF, AND IMPOSITION OF
MORATORIUM
PAGE 2
matter because the Commissioners are elected officials, rather than appointed members of a
Commission. He stated the 1041 powers give the Board the right of mitigation, but if they don't use
the 1041 powers, the Board can still hear and deny a matter if it does not comply with County
policies. Chair Geile commented the primary difference under the new legislation is that an appeal
hearing before the Public Utilities Commission must be held at the local jurisdiction. He stated
when a major facility of a public utility is filed with the Public Utility Commission the applicant also
has to bring in all the interested parties to help resolve some of the issues in the process. Chair
Geile commented the applications are very technical and may need a professional review. He
further stated the applicant is required to have public meetings, and the application materials are
very thorough to ensure the proposal is complete before it is presented for approval. He stated the
Board can currently make a determination if an application is not complete; however, it may not be
able to enforce mitigation measures. Under the 1041 powers, the Public Utilities Commission will
hold a hearing, the County will have to hire professional witnesses, and the Public Utilities
Commission can still overturn the Board's decision. Chair Geile commented the 1041 powers
result in the County suing the State of Colorado, not the Public Utilities Commission, if there is a
dispute. He stated the new legislation has given the public utilities a big advantage and they will
be under State control regardless of local opinion. He further stated the utility companies will no
longer be required to do coordinated planning with jurisdictions throughout Colorado, and he
suggested the Board consider writing a letter to the Governor expressing its concern with the
situation.
Rick Thompson, Public Service Company/Excel Energy Services representative,stated his purpose
for attending this hearing is to monitor the discussion and seek clarification from the County as to
what implementation may mean to upcoming proposals. Mr.Thompson stated the County will have
a good opportunity for input. He further stated there has been discussion regarding electric
facilities, and he requested clarification regarding gas facilities, stating the biggest concern is with
the placement of a moratorium that may be passed and how it would affect applications currently
being processed. There being no further comments, Chair Geile closed public testimony.
Commissioner Jerke stated he likes the idea of being able to mitigate an issue, and without the
1041 Powers, the Board cannot offer solutions or mitigation measures. He added he is not
interested in moratoriums.
Commissioner Long commented his constituents have expressed a desire for more control or
involvement by the elected officials. He stated as elected officials, the public assumes the Board
is involved in the process, and may appreciate the chance to have their elected officials be
responsible for a decision and try to enhance the proposals.
Commissioner Masden commented he concurs with statements made by Commissioners Jerke
and Long. In response to Commissioner Masden, Chair Geile stated if the Board denies an
application, the Public Utilities Commission has to come to the local jurisdiction to hear a denial
appeal regardless of whether or not the Board invokes its 1041 powers. He stated input from the
public indicates they would prefer the Board have as much input as possible regarding utilities, so
he is in favor of invoking the 1041 powers.
2001-1545
BC0031
HEARING CERTIFICATION - DESIGNATION OF THE SITE SELECTION AND
CONSTRUCTION OF THOSE MAJOR FACILITIES OF A PUBLIC UTILITY CONSISTING OF
TRANSMISSION LINES, POWER PLANTS, AND SUBSTATIONS OF ELECTRICAL UTILITIES
AS A MATTER OF STATE INTEREST, DIRECTION TO STAFF, AND IMPOSITION OF
MORATORIUM
PAGE 3
Mr. Barker stated the Board will need to make a designation of the site selection and construction
of those major facilities of a public utility consisting of transmission lines, power plants, and
substations of electrical utilities as a matter of State interest including in the term public utility,those
entities which build, operate, or maintain transmission lines, power plants, and substations of
electrical utilities regardless of whether they are subject to the jurisdiction of the Colorado Public
Utility Commission, direct staff to start the regulation process, and allow for the moratorium from
today until the regulations are in place. He stated he anticipates the regulations should be
completed and in place by the end of July 2001. Commissioner Masden moved to approve a
Resolution with the matters as proposed by Mr. Barker. Commissioner Jerke seconded the motion,
which carried unanimously.
This Certification was approved on the 21st day of May 2001.
APPROVED:
BOARD OF UNTY COMMISSIONERS
WELD CO Y, COLORADO
ATTEST: Lay
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save ,,et . J. eile, Chair
Weld County Clerk to the (' eve�,
CUSED
fW lenn Vaad, Pro-Tem
BY:
Deputy Clerk to the Boar.
William Jerke
TAPE #2001-22 c"4.
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vi E Long
DOCKET#2001-30 \PIM
Robert D. Ma den
2001- 1545
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