HomeMy WebLinkAbout20212972.tiff RESOLUTION
RE: APPROVE LOCAL GOVERNMENT APPLICATION APPROVAL WAIVER
AGREEMENT FOR MAJOR FACILITY OF A PUBLIC UTILITY 1041 PERMIT
APPLICATION AND AUTHORIZE CHAIR TO SIGN —PUBLIC SERVICE COMPANY OF
COLORADO
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 Application Approval
Waiver Agreement for Major Facility of a Public Utility 1041 Permit Application between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Public Service Company of Colorado, 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 Application Approval Waiver Agreement for
Major Facility of a Public Utility 1041 Permit Application between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Public
Service Company of Colorado, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of October, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTESTd� io [ 4 .tA
Steve oreno, Chair
Weld County Clerk to the o
Scot . James,,Pro-Tem
B ' mein / <iF Deputy Clerk to th:I:t.rt� �� `;` . `"
` _" �" EXCUSED DATE OF APPROVAL
�
, Perry L. Buck
APPR AS TO 00,4 UN.\,e1
via Mike Freeman
ounty Attorney EXCUSED
l Lori Saine
Date of signature: Z41 w Z f
CC:CA(SC�,pL(c&) CT(j(sRIr ,) 2021-2972
►/5�21 PL2623
LOCAL GOVERNMENT APPLICATION APPROVAL
WAIVER AGREEMENT
BETWEEN
THE COUNTY OF WELD, COLORADO
AND
PUBLIC SERVICE COMPANY OF COLORADO
MAJOR FACILITIES OF A PUBLIC UTILITY — SECTION
1041 PERMIT APPLICATION
NORTHERN COLORADO AREA PLAN PROJECT
I. Introduction
The County of Weld, Colorado ("County") and Public Service Company of Colorado
("PSCo") (individually "Party", or collectively "Parties") hereby enter into the following Waiver
Agreement("Agreement") for the purpose of waiving the requirements of C.R.S. § 29-20-
108(2) ("Statute") where final local government action is required on any application of a public
utility for construction or improvement of major electrical facilities within 90 days after
submission of a final application.
The County and PSCo mutually acknowledge that this Agreement is supported by
appropriate and adequate consideration.
II. Background
In a meeting held on January 18, 2018, PSCo notified County staff of its intention to
construct, operate and maintain a new electrical transmission line, a new substation,
improvements to an existing substation and related facilities known as the Northern Colorado
Area Plan Project ("Project") within the County's jurisdiction pursuant to the Statute under § 29-
20-108(4)(a). During the January 18th meeting, PSCo initiated a statutorily-required consultation
process with the County. The consultation process was conducted in order to identify the
specific locations and transmission line routes under consideration for the sites of the Project,
and to attempt to resolve land use issues that may arise from the contemplated permit
application. PSCo also submitted an application for a Certificate of Public Convenience and
Necessity ("CPCN")to the Colorado Public Utilities Commission ("CPUC") on March 9, 2017
for the Project. The application for a CPCN was approved by the CPUC on March 1, 2018.
As a result of the consultation process and a thorough analysis of all potential
transmission line corridors and substation sites, as well as ongoing outreach to area residents,
PSCo selected the preferred alternative sites ("PSCo Sites") for the Project. A Section 1041
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2021-2972
Permit Application ("Application") (Case No. USR18-0100) for major facilities of a public
utility for the PSCo Sites was initially filed with the County on August 13, 2018.
During the June 18, 2019 Weld County Planning Commission's public hearing to discuss
the Application, numerous public comments were made in opposition to the Project.
Subsequently, PSCo requested to withdraw the Application in July 2019 to allow for additional
community outreach and engagement, which included a more in-depth review of transmission
line route and substation site alternatives.
Over the course of the last two years, PSCo has been engaged in an extensive public
outreach effort as a part of its siting study for the Project.
As a result of the siting study process and a thorough analysis if all potential transmission
line corridors and substation sites, PSCo selected the proposed route located as generally
described on Exhibit A. Following another pre-application/consultation meeting with County
staff on November 16, 2020, a new Section 1041 Permit Application ("New Application") for
major facilities of a public utility for the PSCo Sites was initially filed with the County on
August 11, 2021.
Subsequently, PSCo was notified by County staff that, among various technical reasons,
the New Application was incomplete. In response, PSCo submitted such additional information
to the County on September 9, 2021 for all remaining incomplete application matters identified
by the County. This additional information completed the submittal requirements which resulted
in a determination by County staff on September 15, 2021 that the New Application was
complete.
Pursuant to the Statute, local government land use regulations must require final local
government action on any application of a public utility that relates to the location, construction,
or improvement of major electrical facilities within ninety (90) days ("Statutory 90 Day
Deadline") after submission of a final application. If the County does not take final action within
such time pursuant to the Statute, the application shall be deemed approved. Since the Statute
provides that a local government and a public utility may come to an agreement on an alternative
timeline which supersedes the Statutory 90 Day Deadline, the County and PSCo have chosen to
enter into this Agreement.
In light of the above-described communications between the Parties and related
uncertainty regarding the completeness and finality of the New Application, but also in
recognition that (1)the New Application is now complete; and, (2) the County needs adequate
time to review and evaluate public utility facilities of this nature, the Parties now agree to an
alternative timeline as described below which supersedes the Statutory 90 Day Deadline for final
action by the County.
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10.13.2021
III. Terms of Agreement
The County and PSCo hereby stipulate and agree to the following:
A. Wavier of the Statutory 90-Day Deadline of C.R.S. $ 29-20-108(2)
The Parties agree that to the extent applicable, the provisions of the Statute which require
the County to complete its review and take final action on the New Application within ninety
(90) days after the submission of a final application shall be waived and that the timeline set
forth herein below between the Parties shall govern.
B. Alternative Review Timeline
In accordance with the agreement to waive any applicable timeline, the Parties agree to
the following alternative review timeline for application review, public hearings and final
County action on the New Application:
1. New Application submitted—August 11, 2021
2. Revised New Application deemed complete - September 15, 2021
3. Referral period complete - October 15, 2021
4. Planning Commission Hearing - December 7, 2021
5. Board of County Commissioner Hearing - January 5, 2022 (Final Action), or
such further date that may be approved by the authorized representative of PSCo, in
writing or verbally on the record of a public hearing.
C. Final Action
The public hearings on PSCo's New Application are currently scheduled to be heard by
(1) the County Planning Commission on Tuesday, December 7, 2021, and, (2) the Board of
County Commissioners on Wednesday, January 5, 2022, unless rescheduled as set forth herein.
The scheduled hearing dates may only be rescheduled upon mutual agreement of the Parties, or if
an unavoidable event occurs not attributable to the County, as determined by the County,
requiring the public hearing(s)to be rescheduled in which case such public hearing will be
scheduled for the next regular meeting of the Commission or the Board, as appropriate. The
Parties agree that this Agreement and the alternative review timeline set forth herein are
reasonable.
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10.13.2021
(SIGNATURES FOLLOW ON NEXT PAGE)
PUBLIC SERVICE COMPANY OF
COLORADO
Digitally signed by Carly Rowe
Carly Rowe 06'002021.10.15172743
By:
STATE OF COLORADO )
) ss.
COUNTY OF )
Subscribed and sworn to before me this day of , 2021, by
as on behalf of Public Service Company of Colorado.
Witness my hand and official seal.
My Commission Expires:
Notary Public
BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, COLORADO
By:
•f, gr,Nnteve Moreno, BOCC Chair
�,�
ATTEST: - Z/44) �• ..�( 'v`-♦'I E L/
Weld C. nvy Clerk to t' e Board I tom'-':• OCT 2 0 2021
ipBY: • ( ti �
Deputy Cl/rk o thy,oard
APPROVED S TO FORM:-N)CS
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County Attorney 4
10.13.2021
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