HomeMy WebLinkAbout20220084.tiffHEARING CERTIFICATION
DOCKET NO. 2022-02
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR21-0018, FOR A 1041 MAJOR FACILITY OF A PUBLIC UTILITY (ELECTRIC
TRANSMISSION LINE EXTENDING A TOTAL OF 16 MILES IN 3 [THREE] SEGMENTS:
1) AN OVERHEAD 230 KV DOUBLE -CIRCUIT TRANSMISSION LINE EXTENDING
BETWEEN THE WESTERN AREA POWER ADMINISTRATION [WAPA] AULT
SUBSTATION AND THE PLANNED PUBLIC SERVICE OF COLORADO HUSKY
SUBSTATION [LOCATED IN THE TOWN OF AULT], 2) AN OVERHEAD 115/230 KV
DOUBLE -CIRCUIT TRANSMISSION LINE EXTENDING FROM THE COLORADO
HUSKY SUBSTATION TO THE PROPOSED COLLINS STREET SUBSTATION SITE [IN
THE TOWN OF EATON], 3) AN OVERHEAD 115/230 KV DOUBLE -CIRCUIT
TRANSMISSION LINE EXTENDING FROM THE COLLINS STREET SUBSTATION TO
THE EXISTING CLOVERLY TAP POINT) IN THE A (AGRICULTURAL) ZONE DISTRICT
- PUBLIC SERVICE COMPANY OF COLORADO, AN XCEL ENERGY COMPANY
A public hearing was conducted on January 5, 2022, at 10:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro -Tern - RECUSED
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Health Department representative, Lauren Light
The following business was transacted:
0 I hereby certify that pursuant to a notice dated November 9, 2022, and duly published
November 12, 2022, in the Greeley Tribune, a public hearing was conducted to consider the
request of Public Service Company of Colorado, an Xcel Energy Company (Xcel), for a Site
Specific Development Plan and Use by Special Review Permit, USR21-0018, for a 1041 Major
Facility of a Public Utility (Electric Transmission line extending a total of 16 miles in 3 [three]
segments: 1) An overhead 230 kV double -circuit transmission line extending between the
Western Area Power Administration [WAPA] Ault Substation and the planned Public Service of
Colorado Husky Substation [located in the Town of Ault], 2) An overhead 115/230 kV
double -circuit transmission line extending from the Colorado Husky Substation to the proposed
Collins Street Substation site [in the Town of Eaton], 3) An overhead 115/230 kV double -circuit
transmission line extending from the Collins Street Substation to the existing Cloverly Tap Point)
in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter
of record.
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IR Chair Pro -Tern Freeman recused himself due to a financial conflict of interest, as his property
surrounds the WAPA Power Station, east of the Town of Ault.
IR Chair James recessed the hearing at the request of the Clerk, to address technical difficulties.
L Chair James reconvened the hearing. Chris Gathman, Department of Planning Services,
presented a summary of the proposal, stating the total length of the transmission line is 16 miles
in unincorporated Weld County, with the proposed right-of-way being 150 feet wide, 75 feet on
either side of the center line of the transmission line. He relayed the transmission line is proposed
to replace portions of an existing 44 kV transmission network with the ultimate buildout of the
project having an operating capacity of 230 kV. He added there will be two (2) substations within
the municipal limits, therefore, they are not a part of the application being heard by the Board and
indicated the transmission structure heights will range from 80 to 160 feet and will be located
approximately 800 to 1,200 feet apart. He outlined the approval criteria of the Weld County Code,
as well as some of the State of Colorado, 1041 Regulations and discussed the referrals received
by the Department of Planning Services. He explained the route location decision process, stating
in June of 2020, the North Route G and South Route G were identified as the best performing
and most compatible route, but noted this route was primarily located within the Union Pacific
Railroad (UPRR) right-of-way, through the Towns of Eaton and Ault. Mr. Gathman stated after
several meetings between Xcel and UPRR regarding technical aspects along the route and
UPRR's operating requirements, it was determined that co -locating in the right-of-way was not a
feasible or safe option. He indicated an alternate/hybrid route was then chosen, provided the
benefits of the proposed route and described the community outreach initiated by Xcel. He
outlined the letters of correspondence received by the Department of Planning Services,
mentioned the majority of letters of correspondence were in favor of the proposal, while one (1)
letter of objection was received, and entered the favorable recommendation of the Planning
Commission into the record. Per the Department of Planning Services — Development Review,
he provided all of the County Roads for which access for the project will be maintained, stated
Xcel will obtain all necessary Permits, and detailed the tracking control, Road Maintenance
Agreement, stormwater detention and Grading Permit requirements. Mr. Gathman displayed
images of the proposed route and in response to Commissioner Moreno, he clarified there are
two (2) residences, in the 16 -mile stretch, that are within 100 feet of the transmission line.
Lauren Light, Department of Public Health and Environment, stated screened, portable toilets
can be used along the construction route, but they must be removed when construction is
completed. She indicated an Air Pollution Emission Notice (APEN) is required from the state, they
will be required to adhere to the Environmental Protection Measures, identified in the application,
and relayed Development Standards (DS) #11-18 address Environmental Health items.
IR Kelly Flenniken, Xcel Energy, stated the application is for part of Xcel's Northern Colorado
Area Plan, specifically the Ault to Cloverly Transmission Project. She submitted a letter of support
(Exhibit L) and provided a PowerPoint presentation (Exhibit E), which introduced the other hearing
presenters, described Xcel Energy as a company, and detailed the need for, and benefits of, the
project. She explained the existing system and the plans to modernize in Northern Colorado,
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provided system outage data from 2016 to 2020, and expressed appreciation of the Weld County
Staff.
IR Rita Ruderman, Xcel Energy, continued with the PowerPoint presentation and discussed the
routing and siting considerations, including acquisition of land rights, economics, environmental
factors, and regulatory compliance. She summarized the outreach and community engagement,
relaying the participation numbers, public comment and the input which helped narrow the
potential routes. She stated the proposed route takes advantage of existing roads, minimizes the
impact on agricultural operations and homes, does not cross feedlots, is not within 300 feet of
schools or cemeteries, and avoids oil and gas pipelines and infrastructure. She displayed a
Flyover Video (Exhibit F) (there is no sound during this 2 minute presentation), before and after
photo simulations of the proposed route, and right-of-way diagrams, and provided details of the
Agricultural Impact Mitigation Plan. She stated 62 percent (%) of the transmission line length has
been secured, or 81% if considering land owned by the City of Thornton. She further explained
67% of landowners have signed, 19% of landowners intend to sign, Xcel is still in negotiations
with 14% of landowners and 90% of individual parcels have been secured or are in agreement.
Responding to Commissioner Moreno, Ms. Ruderman repeated the percentages, provided the
structure height and relayed they will be a grey, galvanized material.
IR Ms. Flenniken clarified for Commissioner Moreno that the 14% Xcel is in negotiations with
equals approximately six (6) landowners. She outlined the timeline of the project and thanked the
community for their involvement. In response to Commissioner Buck, Parker Wrozek, Xcel
Energy, confirmed the transmission line does not impede crop dusting or impact GPS systems on
tractors.
IR Chair James invited anyone unable to attend the meeting after lunch to come up and speak
and reminded everyone of the three (3) minute time limit when speaking.
E William Betters read a letter of support (Exhibit M) for Henry Jamison, Eaton resident.
El William Betters, Eaton resident, stated he was in support of the transmission line due to the
inconvenience of frequent power outages and possible wages lost when said outages occur.
El Chair James recessed for lunch.
El Chair James reconvened the hearing. Brad Keirns, Eaton resident and landowner group
representative, stated his initial concern with the transmission line was the aesthetic impact, which
he claimed an Xcel representative (at the time) discounted. He expressed concern with the
socioeconomic impact of the transmission line, the proposed route and submitted photos
illustrating existing buildings/businesses along the proposed route (Exhibit N). Referencing the
photos, he stated there is a stark contrast between the east and west side of U.S. Highway 85,
questioned why the line crosses U.S. Highway 85, versus staying on the east side, and expressed
concern for the impacts to agriculture and future development. In response to Commissioner
Moreno, Mr. Keirns stated he met with Xcel/attended five (5) or six (6) outreach meetings and
speculated some of the 14% of landowners (previously referenced by Xcel) that had not reached
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SERVICE COMPANY OF COLORADO, AN XCEL
an agreement with Xcel yet, do belong to the landowner group he represents. Responding to
Commissioner Buck, Mr. Keirns confirmed he is not opposed to the line, he just would like it
relocated and clarified for Commissioner Saine, using the displayed map, the location where
he/the landowner group would like the line to remain on the east side of U.S. Highway 85.
10 Ryan Fagerberg, Eaton landowner, stated Xcel mischaracterized the community working
group, asserting the meetings were more of a dictation of what Xcel was going to do. He relayed
the proposed line crosses a park in Eaton and asserted there seems to be a sudden rush to get
the project done, without having a high level of scrutiny and analysis.
IR Lynn Fagerberg, Eaton landowner, stated he is opposed to the proposed route, not the
transmission line. He noted he has spent a lot of money on drip irrigation on his property and
expressed concern that Xcel could break his drip lines installing the infrastructure.
Commissioner Moreno commended him for his innovative use of the drip line system.
IR Chuck Winter, Winter Farms, LLC, stated he farms on both sides of U.S. Highway 85 and
relayed he does not believe the transmission•.line will affect anything or have a large impact. He
indicated the longer Xcel waits the more it costs, and in response to Commissioner Moreno he
indicated he had attended two (2) outreach meetings.
E Gary Booth, landowner, stated he has land on both sides of U.S. Highway 85, the landowners
between Eaton and Lucerne have future plans for their land, and Xcel should have more
landowner agreements signed, prior to Board approval. In response to Commissioner Moreno, he
indicated he had not attended any outreach meetings and would rather see the transmission line
on east side of U.S. Highway 85, as the west side is likely to develop.
IR Rich Werner, Upstate Colorado Economic Impact, stated the transmission line is critical and
necessary as Weld County grows. He praised the process Xcel has gone through to communicate
to/with those impacted by the transmission line, and provided statistics of how quickly the
impacted areas are growing.
IR JG Milne, Eaton resident, provided the Board with photos showing the proposed line route in
relation to the properties he owns on both sides of U.S. Highway 85 (Exhibit O) and relayed there
would be less of an impact on the east side, due to the type of irrigation used. In response to
Commissioner Buck, Mr. Milne stated he would be very agreeable to Xcel burying the line on his
property.
June Gustafson, Eaton resident, stated she lives on a 100 year farm, which has
accommodated the growth of Eaton over the years. She commended Xcel for their communication
and community engagement and relayed she is willingly allowing Xcel to run the line through her
property.
Joey Haythorn, Eaton resident, stated his family owns a farm outside of Eaton, which has
been in his family for 120 years and is in the process of being registered as a "Historical Farm."
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SERV!CE COMPANY OF COLORADO, AN XCEL
He expressed opposition to the transmission line, as it is proposed to go through his property,
and relayed having the transmission line is not worth any amount of money. He mentioned he is
agreeable if Xcel wants to bury the line, but there is too much potential for future development on
the west side of U.S. Highway 85 for the line to be there. In response to Chair James, Mr. Haythorn
showed his property on the displayed map and confirmed for Commissioner Saine he would be
fine with the route if it was underground.
10 Vince Harris, Baseline Corporation, contract Planner for the Town of Eaton, stated the Town
of Eaton has received a USR application for the transmission line, as well as a Site Plan Review
(SPR) application for the proposed substation, .and relayed there will be public hearings when the
transmission line application is considered.
Mark Booth, Severance resident, stated he does not believe Xcel looked at the best possible
route for the future of the communities or the economic impact to thepropertiesthe line will cross.
He asserted it appeared Xcel chose the proposed route based on crossing the least number of
parcels, as to not have to deal with as many landowners and mentioned the proposed line will be
within 100 feet of a church in Lucerne.
IR Cliff Simpson stated he owns land north of Ault, which is impacted by the proposed line. He
noted he had been involved in 27 meetings and approximately 100 emails with Xcel and
expressed they have communicated well and are trying to put their best foot forward. He asserted
growth is necessary, access and maintenance of the right-of-way is key, and a buried line comes
with its own set of issues.
IR Cheri Dent stated she owns farmland on CRs 37 and 14, expressed appreciation to Xcel for
their due diligence to minimize the impact to her farm and noted she supports the project.
IR Addressing public comment, Ms. Ruderman stated several of the community working group
meetings were held virtually, due to restrictions of Covid and stated the project has been in motion
since 2015, with this version of the application in the works for over two (2) years. Regarding
relocating the transmission line to the east side of U.S. Highway 85 between the Towns of Eaton
and Lucerne, she explained the UPRR right-of-way in that area is 400 feet wide, from end to end,
so it encroaches onto the east side by 200 feet and asserted locating it on the east side would
negatively impact more farmland. She relayed undergrounding costs 10 to 20 times more than an
overhead line, it presents. technical challenges to install and maintain, and it impacts land use
over the line easement. In response to Commissioner Saine, Ms. Ruderman explained the Public
Utility Commission approved Xcel for an overhead transmission line and mentioned the cost of
any transmission line is passed on to all rate payers in the state, not just the ones benefiting from
the line. When asked by Commissioner Buck how many miles of agricultural land will be affected,
Ms. Ruderman deferred to Amber Dedus.
IR Amber Dedus, Xcel Energy, stated the cost to underground a line of this voltage would be
$20 million, per mile and reiterated all customers in Colorado bare the cost. Responding to
Commissioner Moreno regarding the safety of the powerlines, Ms. Ruderman deferred to
Mr. Wrozek.
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SERVICE COMPANY OF COLORADO, AN XCEL
IR Mr. Wrozek indicated the lines are designed for fire and electric safety and governed by the
National Electrical Safety Code (NESC). He relayed Xcel also has internal standards, many of
which are above and beyond the minimum standards of the codes. He explained Xcel does yearly
foot patrols of all of the lines to help ensure the safety of the system and surrounding residents.
In response to Commissioner Moreno, Ms. Ruderman deferred to Johnathan Urrutia regarding
the electric capacity for the future.
IR Johnathan Urrutia, Xcel Energy project manager, stated this project is a part of a long term
project to address reliability concerns and Ms. Ruderman added, the transmission line addresses
the needs of the community into the future.
Commissioner Buck expressed concerns for the agricultural land that will be impacted
Ms. Ruderman reiterated the line *s not able to be on the east side of U.S. Highway 85, from Eaton
to Lucerne, due to the UPRR right-of-way and stated the proposed route is the best route as they
are able to hug the edge of fields on the west side. She again mentioned the Agricultural Impact
Mitigation Plan addresses the concerns of all of the agriculture landowners whose land is being
crossed. There was discussion among Chair James and Ms. Ruderman about the meetings with
the UPRR, and she relayed they were not able to come to an agreement, as, from a safety
perspective, it is not feasible to co -locate the transmission line near the railroad; however, UPRR
is willing to work with Xcel on the line crossing the railroad.
E Ms. Dedus stated UPRR had also expressed concern of interference with their signaling
systems. In response to Commissioner Buck, Ms. Dedus described the impacts to agriculture
during construction and explained, post construction, each transmission tower is six (6) to
eight (8) feet in diameter, which is hard to farm around. She stated Xcel pays damages during
construction, including damages to crops and irrigation, and described the structure placement,
which has been chosen to minimize the impact to agricultural land.
Chair James asserted Xcel had met all of the Weld County Code criteria, except
Section 21-3-340.A.3, which states, "All reasonable alternatives to the proposed action, including
use of existing rights -of -way and joint use of rights -of -way wherever uses are compatible, have
been adequately assessed and the proposed action is compatible with and represents the best
interests of the people of the County and represents a fair and reasonable utilization of resources
in the impact area." Commissioner Saine noted the project is needed and most of the public
comment was positive. Commissioner Moreno indicated, in working on/through other projects,
UPRR does not negotiate and stated he believes Xcel does meet the above mentioned criteria.
Julie Stencel, Assistant General Counsel for Xcel, and Mr. Choate outlined the proposed
changes to the Resolution, submitted by Xcel the morning of the hearing. The proposed changes
(Exhibit Q) are under Condition of Approval (COA) #1 (Prior to recording the map) and include
#1.A, #1.B and #1.C to coincide with the changes indicated in Exhibit Q and the request to move
said Conditions under COA #3 (Prior to construction). (Clerk's Note: The audio indicates COA #4,
however, the Resolution was finalized as reflected on the screen and agreed upon by all parties.)
Mr. Choate explained why moving them from "Prior to recording the map", to "Prior to construction"
makes sense and mentioned it discourages condemnation. The Board agreed. Additionally,
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Ms. Stencel indicated Xcel may need more than'120 days to record the map and the Board agreed
to change COA #7 arid #8 to read 180 days. The Board agreed to all of the aforementioned
changes.
Chair James commended the Fagerberg's for using drip irrigation, and responding to him,
Ms. Dedus confirmed there will be compensation for the infrastructure itself, as well as any time
incurred fixing said infrastructure, or any crop lost. Commissioner Moreno commended Xcel for
their outreach and willingness to the proposed route. Commissioner Buck stated she
believes there is an alternative, such as undergrounding the line for seven (7) miles, which would
have less of an impact on agriculture. Commissioner Saine stated it would be inconsistent with
previous approvals of like projects to make Xcel underground a portion of the line, as that cost
gets passed on to all rate payors and Chair James agreed.
Commissioner Moreno moved to approve the request of Public Service Company of
Colorado, an Xcel Energy Company, for a Site Specific Development Plan and Use by Special
Review Permit, USR21-0018, for a 1041 Major Facility of a Public Utility (Electric Transmission
line extending a total of 16 miles in 3 [three] segments: 1) An overhead 230 kV double -circuit
transmission line extending between the Western Area Power Administration [WAPA] Ault
Substation and the planned Public Service of Colorado Husky Substation [located in the Town of
Ault], 2) An overhead 115/230 kV double -circuit transmission line extending from the Colorado
Husky Substation to the proposed Collins Street Substation site [in the Town of Eaton], 3) An
overhead 115/230 kV double -circuit transmission line extending from the Collins Street Substation
to the existing Cloverly Tap Point) in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of Approval
and Development Standards, as amended. The motion was seconded by Commissioner Saine,
and on a roll call vote, the motion passed three to one (3-1), with Commissioner Buck being
opposed. There being no further discussion, the hearing was completed at 2:55 p.m.
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This Certification was approved on the 9th day of February, 2022.
BOARD OF COUNTY COMMISSIONERS
��,,,,,,// WELD COUNTY, COLORADO
ATTEST: � .J�Cllo•�
Sc t K. James, Chair
Weld County Clerk to the Board
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