HomeMy WebLinkAbout20183526.tiffRESOLUTION
RE: APPROVE LOCAL GOVERNMENT WAIVER AGREEMENT FOR MAJOR FACILITY OF
A PUBLIC UTILITY 1041 PERMIT APPLICATION AND AUTHORIZE DIRECTOR OF
PLANNING SERVICES 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 Local Government 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, on behalf of the
Department of Planning Services, and Public Service Company of Colorado, 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 Local Government 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, on behalf of the Department of Planning
Services, and Public Service Company of Colorado be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Director of the Department of
Planning Services 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 5th day of November, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di:m.1,i ;(,k
Weld County Clerk to the Board
Deputy
AP D A
oun ttorney
)7
Ste Moreno, Chair
AC
arbara Kirkmeyer, pro-Tem
Date of signature: 12/x/18
c. PLCTP). cat •1-4)
lanDitg
2018-3526
PL2623
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Extension of time for application for XCEL power line
DEPARTMENT: Planning/County Attorney DATE: 10-15-18
PERSON REQUESTING: Frank Haug/Tom Parko
Brief description of the problem/issue:
There is a pending application for a power line that is coming before the board. C.R.S. 29-20-108(2) requires
that the application be heard within 90 days, or the application is deemed automatically approved. The same
statute allows the reviewing agency and the applicant to agree to additional time so that the application can
proceed. Given the amount of land use applications we have over the next several months, XCEL has agreed to
extend the 90 day timeframe into next January so as to give staff enough time to present the application to the
board.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Authorize Tom Parko to sign the extension of time so that we can avoid the 90 day default time frame and bring
the case before the board.
Decline to authorize the extension and risk the application being automatically approved.
Recommendation:
Authorize Tom Parko to sign the extension.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
11/3
Approve
Recommendation
Schedule
Work Session
Other/Comments:
2018-3526
PL QC.PQ3
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Frank Haug
Tuesday, October 30, 2018 3:55 PM
Esther Gesick; Karla Ford
Bruce Barker; Don Warden; Tom Parko Jr.
FW: NCAP - Weld County Waiver Agreement
Weld County Waiver - Revised-cleaned.pdf
Esther, the board just approved us moving forward with this. Can you please put it on the agenda, thanks.
From: McNeish, Gilbert F. <GMcNeish@spencerfane.com>
Sent: Thursday, October 25, 2018 3:31 PM
To: Frank Haug <fhaug@weldgov.com>
Subject: FW: NCAP - Weld County Waiver Agreement
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Frank, attached is an executed copy of the Waiver Agreement between the county and Public Service Company
of Colorado/Xcel Energy pursuant to our recent conversations. Mr. John Lupo who is a Senior Manager has
signed on behalf of the company. The hearing date for the BOCC has been changed to January 23, 2019 as we
have discussed. Please attached Exhibit A from my earlier email to the agreement for a complete copy. And,
return a signed copy of the agreement to me after execution by the county. Thanks. Gil
Gilbert F. McNeish
Spencer Fane LLP
1700 Lincoln Street
Suite 2000
Denver, Colorado 80203-4554
303-839-3800 (Main)
303-839-3722 (Direct)
303-839-3838 (Fax)
gmcneish@spencerfane.com
1
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
I. Introduction
The County of Weld, Coloiado ("County") and Public Seivice 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")
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 ("Transmission Line"), a new
substation ("New Substation"), improvements to an existing substation ("Existing Substation")
(both New Substation and Existing Substation together, "Substations") and related facilities
("Related Facilities") 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
piocess with the County The consultation piocess was conducted in order to identify the
specific locations and transmission line routes under consideration for the sites of the
Transmission Lme, Substations and Related Facilities, 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 Transmission Line, Substations and Related
Facilities 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") located as generally described on
Exhibit A A Section 1041 Permit Application ("Application") for major facilities of a public
utility for the PSCo Sites was initially filed with the County on August 13, 2018
1
DN 3240340
Subsequently, PSCo was notified by County staff that, among various technical seasons,
the Application was incomplete Following the County's determination that the Application was
incomplete, PSCo sought further clarification of the submittal requirements
Based on dialogue between the Parties, an understanding was reached with respect to the
level of additional application information requned In response, PSCo submitted such
additional information to the County on September 11, 2018 foi all remaining incomplete
application matters identified by the County This additional information completed the
Application submittal requnements which resulted in a determination by County staff on
September 24, 2018 that the 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 supeisedes 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 Application, but also in recognition
that (1) the Application is now complete, and, (2) the County needs adequate time to review and
evaluate public utility facilities of this nature, the Parties now agiee to an alternative timeline as
described below which supeisedes the Statutory 90 Day Deadline foi final action by the County
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 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 agiee to
the following alternative review timeline foi application review, public hearings and final
County action on the Application
2
DN 3240340
1 Application submitted — August 13, 2018
2 Revised application deemed complete - September 24, 2018
3 Referral period complete - November 1, 2018
4 Planning Commission Hearing - December 18, 2018
5 Board of County Commissioner Hearing — January 23, 2019 (Final Action)
C. Final Action
The public hearings on PSCo's Application are currently scheduled to be heard by (1) the
County Planning Commission on Tuesday, December 18, 2018, and, (2) the Board of County
Commissioners on Wednesday, January 23, 2019, 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 requiring the public healing(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, or the Application will be deemed approved The
Parties agree that this Agreement and the alternative review timehne set forth herein are
reasonable
THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK
(SIGNATURES FOLLOW ON NEXT PAGE)
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DN 3240340
PUBLIC SERVICE COMPANY OF
COLORADO
STATE OF COLORADO
COUNTY OF AIw,
)
) ss.
O. Lupo
for Manager. Sit & Land Rights
cel Energy Services. Inc.
as Authorized Agent for Public Service Company of Colorado
Subscribed and sworn to before me this day of y , 2018, by ii,„, b . LP°
as lier Mist•, on behalf of Public Service Company of Colorado.
50/4? Lk, 4 g;#1:15
Witness my hand and official seal.
My Commission Expires: DEREK HOLSCHER
Notary Public
State of Colorado
`3-a,pa,p Notary ID r 20114082858
My Commission Expires 01-03-2020
Notary Public
COUNTY OF WELD, COLORADO
By:
Title:
4
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NOV 005 2018
DN 3240340
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