HomeMy WebLinkAbout20232986.tiffRESOLUTION
RE: APPROVE LOCAL GOVERNMENT LAND USE APPLICATIONS TIMELINE
EXTENSION AGREEMENT FOR MAJOR FACILITIES OF A PUBLIC UTILITY 1041
PERMIT (USR23-0039), USE BY SPECIAL REVIEW PERMIT (1MUSR23-99-1236),
AND SITE PLAN REVIEW PERMIT (1AMSPR23-82-10), FOR MAJOR FACILITIES OF
A PUBLIC UTILITY, AND AUTHORIZE CHAIR TO SIGN - PUBLIC SERVICE
COMPANY OF COLORADO, DBA XCEL ENERGY
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 Local Government Land Use
Applications Timeline Extension Agreement for Major Facilities of a Public Utility 1041 Permit
(USR23-0039), Use by Special Review Permit (1MUSR23-99-1236), and Site Plan Review Permit
(1AMSPR23-82-10), for Major Facilities 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, dba Xcel Energy,
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 Local Government Land Use Applications Timeline Extension
Agreement for Major Facilities of a Public Utility 1041 Permit (USR23-0039), Use by Special
Review Permit (1MUSR23-99-1236), and Site Plan Review Permit (1AMSPR23-82-10), for Major
Facilities 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, dba Xcel Energy, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
GC :PL(DE/MW% CA (ti8/KK)
42 /2.5/2-5
2023-2986
PL0073
LOCAL GOVERNMENT LAND USE APPLICATIONS TIMELINE EXTENSION AGREEMENT
FOR MAJOR FACILITIES OF A PUBLIC UTILITY 1041 PERMIT (USR23-0039), USE BY
SPECIAL REVIEW PERMIT (1MUSR23-99-1236), AND SITE PLAN REVIEW PERMIT
(1AMSPR23-82-10), FOR MAJOR FACILITIES OF A PUBLIC UTILITY - PUBLIC SERVICE
COMPANY OF COLORADO, DBA XCEL ENERGY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of October, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dell jK_Lto:A
Weld County Clerk to the Board
Deputy Clerk to the Board
APVEORM:
County orney
Date of signature: !°/12123
Mikman, Chair
Perr L. B . Pro-Tem
Saine
2023-2986
PL0073
Xcel Energy
October 3, 2023
Kim Ogle, Principal Planner
Weld County Planning Department
1555 N. 17th Ave
Greeley, Colorado 80631
1800 Larimer Street
Denver, CO 80202
RE: Revised 1041 Areas and Activities of State Interest/Use by Special Review, Non -1041 Use by
Special Review, and Site Plan Review Permit Applications for Colorado's Power Pathway
Dear Mr. Ogle,
Public Service Company of Colorado, a Colorado corporation conducting business as Xcel Energy (Xcel
Energy), is seeking approval of an Areas and Activities of State Interest (1041) Permit, Use by Special
Review (USR) Permit, and Site Plan Review (SPR) Permit for Major Facilities of Public Utility or Public
Agency from Weld County to construct and operate a portion of Colorado's Power Pathway (Pathway)
located in Weld County. Pathway is a $1.7 to $2 billion investment to improve the state's electric grid and
enable future renewable energy development around the state. Pathway will increase electric reliability,
boost the regional economy and create jobs during construction. Pathway includes the installation of
approximately 550 to 610 miles of new 345 -kilovolt (kV) double -circuit transmission line; four new electric
substations; and expansion, equipment additions, or equipment upgrades at four existing electric
substations.
Pathway will be constructed in five segments, with an optional sixth segment, with each new or expanded
electric substation serving as endpoints for the transmission line segments:
• Fort St. Vrain — Canal Crossing (Segment 1)
• Canal Crossing — Goose Creek (Segment 2)
• Goose Creek — May Valley (Segment 3)
• May Valley — Tundra (Segment 4)
• Tundra — Harvest Mile (Segment 5)
• May Valley — Longhorn (Extension)
In March 2021, Xcel Energy filed a Certificate of Public Convenience and Necessity (CPCN) Application
with the Colorado Public Utilities Commission (CPUC) describing the purpose, need, and public benefits
of constructing Pathway. In February 2022, the CPUC provided verbal approval, and in June 2022, it
provided written approval of the CPCN for Segments 1-5, and conditional approval for the Extension
based on a determination that Pathway is in the public interest. While the CPUC determines the need for
Pathway, it does not determine the location of the components; the location and land use permissions will
be granted through easement negotiations with landowners and land use permits in the applicable
jurisdictions where Pathway components will be located. Preferred transmission line routes and
substation sites for Pathway have been selected after completion of routing and siting studies,
coordination with permitting entities, and conducting public outreach.
Pathway facilities proposed in unincorporated Weld County subject to the 1041 Permit Application include
47 miles of new 345 -kV double -circuit electric transmission line in new right-of-way (ROW), the relocation
of 4.5 miles of existing single -circuit 230 -kV electric transmission line within the USR-1236 ROW to
accommodate engineering requirements for crossing of the existing transmission lines within the USR-
1236 ROW, a 58.7 -acre laydown area (referred to as the Cervi Yard), and a 59.4 -acre laydown area
(referred to as the Sarchet Yard). The proposed route in Weld County is generally located in central Weld
County in an east -west direction. The proposed route subject to the 1041 Permit Application crosses U.S.
Highway 85 north of Platteville and Interstate Highway 76 east of Roggen.
2023-2986
(0/9 pLcoT3
Pathway facilities subject to the USR Permit Application include the relocation of 4.5 miles of existing
230 -kV double -circuit electric transmission line into new ROW. The proposed transmission line subject to
the USR Permit Application is located in a north -south direction halfway between Weld County Roads 29
and 31, beginning one-half mile south of Weld County Road 36 and ending at Weld County Road 31 one-
half mile horth of Weld County Road 26.
Pathway facilities subject to the SPR Permit Application include equipment additions to Xcel Energy's
existing Fort St. Vrain Substation within a 28.9 -acre parcel. The equipment additions at the Fort St. Vrain
Substation are adjacent to the existing Xcel Energy Fort St. Vrain Generating Station at 9379 Weld
County Road 34, northwest of Platteville.
Project representatives met with County staff on October 5, 2022, for the Pre -Application Meeting during
which Xcel Energy provided information about Pathway and responded to questions from County
representatives. The 1041 Permit Application was prepared per the requirements outlined in Chapter 21,
Article II of the Weld County, Colorado, Charter and County Code and 1041 Use by Special Review
Procedural Guide Major Facility of a Public Utility. The USR Permit Application was prepared per the
requirements outlined in Chapter 23, Article II, Division 5 of the Weld County, Colorado, Charter and
County Code and Use by Special Review Procedural Guide. The SPR Permit Application was prepared
per the requirements outlined in Chapter 23, Article II, Division 3 of the Weld County, Colorado, Charter
and County Code and Site Plan Review Procedural Guide. These Applications were also prepared
pursuant to guidance and discussion provided during the Pre -Application Meeting attended by
representatives of Weld County and Xcel Energy on October 5, 2022.
Xcel Energy submitted the 1041, USR, and SPR Permit Applications to Weld County on June 23, 2023.
Per your conversation with Cory Miller, Xcel Energy's Siting & Land Rights Senior Agent, on August 25,
2023, Xcel Energy has revised the 1041, USR, and SPR Permit Applications to include the Pathway
components that you requested be processed via the 1041 Areas and Activities of State Interest/Use by
Special Review Permit and non -1041 Use by Special Review Permit.
Xcel Energy has prepared the enclosed Timeline Extension Agreement to address the County's request
for extension of deadlines for Pathway consistent with the process we have used in the past. If the
County is no longer concerned about such an extension for Pathway, we can proceed in accordance with
state statutes and Weld County Code.
We look forward to working with you during the permit process. Please feel free to contact me by
telephone at (303) 285-6533 or email at jennifer.l.chester@xcelenergy.com, or contact Xcel Energy's
Siting & Land Rights Agent Cory Miller at (303) 571-7759 or cory.r.miller@xcelenergy.com, or contact
Xcel Energy's permitting consultant, Stephanie Phippen with Tetra Tech Inc., at (303) 980-3515 or
stephanie.phippen antetratech.com.
Sincerely,
Jennifer Chester
Xcel Energy
Siting & Land Rights, Manager
Telephone: (303) 285-6533
jennifer.l.chesterraWxcelenergy.com
Enclosure: Local Government Land Use Applications Timeline Extension Agreement
LOCAL GOVERNMENT LAND USE APPLICATIONS
TIMELINE EXTENSION AGREEMENT BETWEEN
THE COUNTY OF WELD, COLORADO
AND
PUBLIC SERVICE COMPANY OF COLORADO
MAJOR FACILITIES OF A PUBLIC UTILITY 1041 PERMIT; USE BY SPECIAL
REVIEW PERMIT; AND SITE PLAN REVIEW PERMIT FOR MAJOR FACILITIES
OF A PUBLIC UTILITY
October 3, 2023
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
"Party," or collectively the "Parties") hereby enter into this Timeline Extension Agreement (the
"Agreement") effective as of October 3, 2023, 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 ("1041 Application"), Use by Special Review application ("USR Application"), and a
Site Plan Review Permit for Major Facilities of a Public Utility ("Site Plan Application")
(together, the "Applications").
ARTICLE I.
BACKGROUND
Section 1.01 PSCo is proposing to construct, operate, and maintain portions of Segment
1 for Colorado's Power Pathway within the County's jurisdiction in unincorporated Weld County
("Pathway").
Section 1.02 Pathway facilities subject to the 1041 Application include 47 miles of new
345 -kV double -circuit electric transmission line, the relocation of 4.5 miles of existing single -
circuit 230 -kV electric transmission line within the USR-1236 right-of-way (ROW) to
accommodate engineering requirements for crossing of the existing transmission lines within the
USR-1236 ROW and two laydown areas.
Section 1.03 Pathway facilities subject to the USR Application include the relocation of
4.5 miles of existing 230 -kV double -circuit electric transmission line into new ROW.
Section 1.04 Pathway facilities subject to the Site Plan Application include additions to
PSCo's existing Fort St. Vrain Substation within a 28.9 -acre parcel owned by PSCo.
Section 1.05 Pathway is subject to approval by the County pursuant to the: (i) Weld
County, Colorado, Chapter 21, Article III, Division 3, Permit Program for Site Selection and
Construction of a Major Facility of a Public Utility ("1041 Regulations") for "site selection and
construction of major facilities of a public utility"; (ii) Weld County, Colorado, Charter and
County Code, Chapter 23, Article II, Division 5 Regulations for Special Review Permits for Major
2400120097-2058189574-39/0.5
Facilities of Public Utility or Public Agency ("USR Regulations") for a permit to locate and
construct Major Facilities of a Public Utility or Public Agency within PSCo's fee -owned property;
and (iii) Weld County, Colorado, Charter and County Code, Chapter 23, Article II, Division 3 —
Site Plan Review, Sec. 23-2-160 ("Site Plan Regulations") for approval to install the Fort St.
Vrain Substation equipment additions. Thel 1041 Regulations, USR Regulations, and Site Plan
Regulations are referred to in this Agreement collectively as the "County Code."
Section 1.06 PSCo submitted three original Applications for Pathway under the County
Code on June 23, 2023.
Section 1.07 After submitting the original Applications, PSCo was notified by the
County's Department of Planning Services that PSCo needed to make certain changes to the
original Applications to be deemed complete and consistent with the County Code. In response,
PSCo is revising and resubmitting the 1041 Permit Application, the USR Application, and the Site
Plan Application on October 3, 2023 (the "Revised Applications").
Section 1.08 PSCo's 1041 Permit Application, the USR Application, and the Site Plan
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)(d) (the "Major Facilities Statutes").
Section 1.09 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 1.10 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. C.R.S. §
24-65.1-501(2) also requires local governments to take final action on 1041 permit applications
for transmission facilities like those at issue in the Revised Applications within 180 days of the
public notice of the application. C.R.S. § 24-65.1-501(2) does not authorize departing from these
deadlines.
Section 1.11 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 Commis ion public hearing date that cannot be
more than thirty (30) days after the complete application issubmitted; (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
2
DE 8252186.1
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 1.12 In light of the above -described scope of Pathway and background for the
Revised Applications, PSCo desires to give the County a full and fair opportunity to review and
consider the Revised Applications, and the County desires to conduct such review in a thorough
but efficient manner to further the goals of both its County Code and the Major Facilities Statutes.
Section 1.13 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 Revised
Applications.
Section 1.14 In setting the deadlines described in Attachment A, the Parties further
agree as follows:
(a) PSCo will submit its Revised Applications on October 3, 2023.
(b) Upon receiving the Revised Applications, the Department of Planning
Services will refer the Revised Applications to all applicable referral
agencies for a 28 -day review and comment period that will run concurrently
with the Department of Planning Services' completeness review.
Consistent with County Code Sec. 31-2-260(B)(6), the failure of any agency
to respond within the 28 -day review and comment period will be deemed a
favorable response to the Planning Commission.
(c) Within 28 days of the review and comment period closing, the Department
of Planning Services will prepare and provide PSCo with the staff report
contemplated by County Code Sec. 31-2-260(B)(7) (the "Staff Report"), at
which time the Revised Applications will be deemed complete for purposes
of setting the Revised Applications' notice and public hearing deadlines
required by C.R.S. § 24-65.1-501(2).
(d) Consistent with C.R.S. § 24-65.1-501(2), the County shall publish notice of
the Planning Commission Hearing within 30 days of when the Revised
Applications are deemed complete. Such notice will be in a manner
consistent with C.R.S. § 24-65.1-501(2) and County Code Sec. 32-2-
260(b)(2)-(5) (the "Notice").
(e)
Consistent with C.R.S. § 24-65.1-501(2), the Planning Commission
Hearing shall be set and must take place between 30 and 60 days after the
Notice.
Section 1.15 The County and PSCo mutually acknowledge that this Agreement is
supported by appropriate and adequate consideration.
3
DE 8252186.1
ARTICLE II.
TERMS OF AGREEMENT
The Parties stipulate and agree to an alternative review and final local government action
timeline as described below.
Section 2.01 Notwithstanding anything to the contrary in the County Code, the County
shall be held to the schedule of deadlines for review of and final action on the Applications 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 past the date set for the County's final action on the Applications unless
upon mutual written agreement of the Parties. In such event, the County shall set the Application
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 Applications by the date set
forth in Attachment A, the Applications shall be deemed approved.
Section 2.04 The Parties agree that this Agreement and the alternative review and final
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 Pathway.
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.]
4
DE 8252186.1
tN 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
Date: \ r p Ie.c:t +& fr
Date: OCT 0 9 2323
ATTEST:
Weld
By:
Clerk t• he Board
Deputy C ,`rk th
APPROVED AS TO FORM:
By: ?`07.0
Name: Bruce T. Barker
Title: Weld County Attorney
By:
Na
Title:
COUNTY OF WELD, COLORADO
By: '�'(L►.�t�.+t e�
Name: Mike Freeman
Title: Chair, Board of County Commissioners
9 2023
Date
OCT 0 9 2323
DE 8252186.1
,693 - V946 C 1 )
ATTACFJMENT 4
Alternative Review and Final Local Government Action Timeline
Task
Deadline
Original applications submitted.
June 23, 2023
Revised Applications submitted.
October 3, 2023
Referral agency comments due.
October 31, 2023
Staff Report and determination of completeness due
regarding the Revised Applications.
November 28, 2023
County to provide notice of the public hearing with the
Planning Commission on the 1041 Application and the
USR Application.
No later than December 28, 2023
Public hearing with the Planning Commission on the
USR Application and 1041 Application.
February 6, 2024
(notice requirements and scheduled
Planning Commission meetings the first
Tuesday of each month would require the
hearing be held on this scheduled hearing
date within the 30-60 day window)
Decision from Planning Commission on USR
Application (Final Action) and recommendation on the
1041 Permit Application.
Within ten (10) days of the public
hearing with the Planning Commission.
Provide notice of the public hearing with the Board of
County Commissions on the 1041 Application.
Not less than ten (10) days before public
hearing with the Board of County
Commissioners.
Public hearing with the Board of County
Commissioners on the 1041 Application
Within 45 Days of Planning Commission
Recommendation.
Decision from Board of County Commissioners on the
1041 Application (Final Action).
Within ten (10) days of the Public
Hearing with the Board of County
Commissioners.
Attachment A -- Pg. I
DE 52521116.1
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