HomeMy WebLinkAbout20251944.tiffResolution
Approve Timeline Extension Agreement for Major Amended Use by Special Review
Permit, 1MJUSR25-08-1647, for a 1041 Major Facility of a Public Utility and
Authorize Chair to Sign - Public Service Company of Colorado, an Xcel Energy
Company
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 a Timeline Extension Agreement for Major
Amended Use by Special Review Permit, 1MJUSR25-08-1647, for a 1041 Major Facility
of a Public Utility between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Planning
Services, and Public Service Company of Colorado, an Xcel Energy Company,
commencing upon full execution of signatures, with further terms and conditions being as
stated in said agreement, and
Whereas, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Timeline Extension Agreement for Major Amended Use by Special
Review Permit, 1MJUSR25-08-1647, for a 1041 Major Facility of a Public Utility between
the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Planning Services, and
Public Service Company of Colorado, an Xcel Energy Company, be, and hereby is,
approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
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2025-1944
PL1942
Timeline Extension Agreement for Major Amended Use by Special Review Permit,
1MJUSR25-08-1647, for a 1041 Major Facility of a Public Utility — Public Service
Company of Colorado, an Xcel Energy Company
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 9th day of July, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-1944
PL1942
MEMORANDUM
To: Board of County Commissioners
From: Diana Aungst, Principal Planner
Subject: 1 MUSR25-08-1647 Timeline Extension
Date: July 9, 2025
Public Service Company of Colorado, conducting business as Xcel Energy is seeking approval of a 1041
for a Major Facility of a Public Utility for an expansion for Fort Saint Vrain. The procedure outlined in Chapter
21 of the Weld County Code are impractical timelines identified that neither the applicant nor the planning
staff can effectively meet. Staff is presenting a signed timeline extension agreement for the Board of County
Commissioners to accept that shows that the applicant and the County are willing to waive the timelines of
the Weld County Code.
Planning staff supports this timeline extension request.
2025-1944
"1/9 K-1942_
TIMELINE EXTENSION AGREEMENT BETWEEN
THE COUNTY OF WELD, COLORADO
AND
PUBLIC SERVICE COMPANY OF COLORADO
MAJOR FACILITIES OF A PUBLIC UTILITY 1041 PERMIT 1MJUSR25-08-1647
July 9 , 2025
INTRODUCTION
The County of Weld, Colorado (the "County") and Public Service Company of Colorado,
a Colorado corporation conducting business as Xcel Energy ("PSCo") (each individually a
"Piarty," or collectively the "Parties") hereby enter into this Timeline Extension Agreement (the
"Agreement") effective as of July 1_, 2025, to define the applicable deadlines for review and
final action by the County on PSCo's revised Major Facilities of a Public Utility 1041 Permit
application 1MJUSR25-08-1647.
ARTICLE I.
BACKGROUND
Section 1.01 PSCo is proposing to construct, maintain, and operate at the Fort St. Vrain
Generating Station located in the County, two new natural gas fired combustion turbines, including
the potential future conversion of such turbines to a hydrogen fuel source subject to administrative
review of the fuel change, and including the installation of a selective catalytic reduction on the
existing Fort St. Vrain Generating Station CT Unit 2 Heat Recovery Steam Generator (the
"Project").
Section 1.02 PSCo filed an application with the County requesting approval of the
Project pursuant to the Weld County, Colorado, Chapter 21, Article III, Division 3, Permit Program
for Site Selection and Construction of a Major Facility of a Public Utility ("County Code") for
"site selection and construction of major facilities of a public utility.
Section 1.03 As required by the County Code, PSCo held a pre -application meeting with
the County to discuss the Project on December 13, 2024.
Section 1.04 PSCo submitted the original application for the Project under the County
Code on March 13, 2025.
Section 1.05 After submitting the original application, PSCo was notified by the
County's Department of Planning Services of additional information that must be supplied by
PSCo to complete the application. In response, PSCo resubmitted the application with the
requested information (the "Application") on April 17, 2025.
Section 1.06 After reviewing the information and receiving the Application fee, the
County's Department of Planning Services determined that the Application was complete on April
25, 2025 in accordance with the County Code.
Section 1.07 The County sent the application out for comments from referral agencies on
April 28, 2025, which comments were due from the referral agencies on May 27, 2025.
Section 1.08 The County has represented to PSCo that there are legitimate business
reasons for not placing this case on the July 1, 2025 Planning Commission meeting.
Section 1.09 The Weld County Planning Commission Bylaws state in Article V, Section
A that the Planning Commission shall meet on the first and third Tuesday of each month, but it is
the Planning Commission's practice to meet on just the first Tuesday of each month.
Section 1.10 PSCo's Application and the County's review of the same are subject to
various state statutes, including C.R.S. §§ 29-20-108(2) and 24-65.1-501(2) (the "Major Facilities
Statutes"), unless superseded by agreement between the Parties.
Section 1.11 Under C.R.S. § 29-20-108(2), local land use applications which relate to
"the location, construction or improvement" of major electrical facilities require final local
government action within 90 days after submission of a final application. If, within 28 days after
receiving such an application, the local government notifies the applicant of any additional
information that must be supplied to complete the application, the period for the local government
to take final action begins when the applicant provides the requested information. Otherwise, the
period within which the local government must take final action begins on the date the application
was submitted. If the local government does not take final action within those 90 days or a different
agreed -upon deadline, the application "shall be deemed approved." C.R.S. § 29-20-108(2) allows
local governments and applicants to set a timeline for review and approval of such applications by
agreement that departs with these statutory deadlines.
Section 1.12 C.R.S. § 24-65.1-501(2) requires local governments to publish a hearing
notice for a 1041 application within 30 days after receipt of an application. The initial public
hearing, in turn, must take place between 30 and 60 days after publication of the notice.
Section 1.13 Weld County Code Sec. 31-2-250 also includes deadlines associated with
1041 applications. Specifically, upon the Department of Planning Services' determination that the
application is complete, it must: (1) set a Planning Commission public hearing date that cannot be
more than thirty (30) days after the complete application is submitted; (2) provide certain notices
and post signs about the application and the public hearing at least ten (10) days prior to the public
hearing; (3) refer the application to referral agencies for comment with a deadline to respond within
twenty-eight (28) days; and (4) prepare staff comments for the Planning Commission. After the
Planning Commission public hearing and recommendation on the 1041 permit application, the
Board of County Commissioners must hold a public hearing on the application within 45 days.
That public hearing also requires certain notices at least 10 days prior. Weld County Code Sec. 31-
2-300 and 21-2-310.
Section 1.14 The County has represented to PSCo that there are legitimate business
reasons for not placing the PSCo Application on the July 1St Planning Commission meeting , and
PSCo desires to give the County a full and fair opportunity to review and consider the Application.
2
Section 1.15 Accordingly, the Parties have come to an agreement to set the deadlines
described in Attachment A attached hereto for the County's review and final action on the
Application.
Section 1.16 The County and PSCo mutually acknowledge that this Agreement is
supported by appropriate and adequate consideration.
ARTICLE II.
TERMS OF AGREEMENT
The Parties stipulate and agree to an alternative review timeline for the final local
government action on the Application as described below.
Section 2.01 Notwithstanding anything to the contrary in the Major Facilities Statutes
and the County Code, the County shall be held to the schedule of deadlines for review of and final
action on the Application and all related, applicable materials including but not limited to a Road
Maintenance Agreement and 1041 USR Map (collectively, the "Project Materials"), as set forth
in Attachment A attached hereto and incorporated herein.
Section 2.02 The scheduled public hearing dates set forth in Attachment A shall not be
rescheduled or continued unless upon mutual written agreement of the Parties. In such event, the
County shall set the Project Materials to be heard at the next regular meeting of the appropriate
reviewing body.
Section 2.03 If the County does not take final action on the 1041 Application by the date
set forth in Attachment A, the 1041 Application shall be deemed by the County to be approved.
Section 2.04 The Parties agree that this Agreement and the alternative review and final
local government action timeline set forth in Attachment A are reasonable.
ARTICLE III.
MISCELLANEOUS
Section 3.01 Other than modification of the deadlines as outlined in Attachment A, by
entering into this Agreement neither party waives any rights or obligations contained within the
Major Facilities Statutes or any other Colorado Statute, common law, or County Code applicable
to the Project.
Section 3.02 This Agreement shall not be binding on any future applications for projects,
by PSCo or otherwise, within the County.
Section 3.03 The undersigned is authorized to enter into this Agreement on behalf of
PSCo. PSCo has full corporate power and authority to carry out its obligations hereunder and
consummate the transactions contemplated hereby. This Agreement has been duly executed and
delivered by PSCo, and constitutes a legal, valid, and binding obligation of PSCo enforceable
against PSCo in accordance with its terms.
[Signatures on the following page.]
3
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and
delivered as of the dates set forth below.
PUBLIC SERVICE COMPANY OF
COLORADO, a Colorado Corporation
Conducting Business as Xcel Energy
Date: 7/3/25
Name' Jennifer L. Chester
Title: Sr. Mgr., Siting & Land Rights
COUNTY OF WELD, COLORADO
Date: JUL 0 9 2025
ATTEST:
By: �� ®•Jele.0;e1
Name: Esther E. Gesick
Title: Cl rk the Board
J 0:Wbbor)
By: �l' (
Name: Houstan Aragon
Title: Deputy Clerk the Board
APPROVED AS TO FORM:
By:erV441-14,V
Name: Karin McDougal
Title: Deputy County Attorney
By:(;%v
Name: Pe . Buck
Title: Chair, Board of Weld County Commissioners
4
Date JUL 0 9 2025
zazs-i�i�y
ATTACHMENT A
Alternative Review and Final Local Government Action Timeline
Task
Completion Date / Deadline
Original Application Submitted
March 13, 2025
Additional Information Requested by County
March 27, 2025
Revised Application Submitted
April 17, 2025
Additional Information Accepted by County
April 23, 2025
Payment Of Application Fee / Application Deemed
Complete
April 25, 2025
Agency Referral Period Begins
April 28, 2025
Agency Referral Period Ends
May 27, 2025
Initial Staff Report and Conditions of Approval
Prepared
July 10, 2025
County And PSCo Meet Regarding Staff Report and
Conditions of Approval
No Later Than July 16, 2025
County to provide Notice of the Public Hearing with
the Planning Commission and BOCC on the 1041
Application.
July 16, 2025
Final Staff Report and Conditions of Approval
Prepared
July 29, 2025
Public Hearing with the Planning Commission on the
Application and Recommendation to BOCC by
Planning Commissioners
August 5, 2025
Public Hearing with the Board of County
Commissioners on the Application and Final Decision
on the 1041 Application
August 20, 2025
If the Application is approved by the Board of County
Commissioners on August 20, 2025, the Road
Maintenance Agreement will be presented to the
BOCC for approval
August 25, 2025
Attachment A — Pg. 1
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Karin McDougal
Monday, July 7, 2025 10:52 AM
Houstan Aragon
Maxwell Nader; Chloe White; Jan Warwick; Jessica Reid; Diana Aungst; Esther Gesick
RE: Xcel Energy - 1 MJUSR25-08-1647 - Timeline Extension Agreement - signed
Good for placement and you may stamp my signature
Karin McDougal
Deputy County Attorney
Weld County Attorney's Office
1150 "0" Street
Greeley, CO 80631
970-400-4396
STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney
privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this
message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this
email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and
delete the message. Thank you.
From: Houstan Aragon <haragon@weld.gov>
Sent: Monday, July 7, 202510:19 AM
To: Karin McDougal <kmcdougal@weld.gov>
Cc: Maxwell Nader <mnader@weld.gov>; Chloe White <cwhite@weld.gov>; Jan Warwick <jwarwick@weld.gov>; Jessica
Reid <jreid@weld.gov>; Diana Aungst <daungst@weld.gov>; Esther Gesick <egesick@weld.gov>
Subject: RE: Xcel Energy-1MJUSR25-08-1647 - Timeline Extension Agreement - signed
Importance: High
Karin,
Please review and advise as to placement on the Wednesday, July 9, 2025, Agenda. Likewise, please authorize
CTB to stamp your name approving the agreement as to Form.
Kindly,
COUNTY, CO
Houstan Aragon
Deputy Clerk to the Board
Desk: 970-400-4224
P.O. Box 758, 1150 O St., Greeley, CO 80632
00000
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