Elbert County asking court to block Xcel’s transmission line

Says PUC approval of 48 miles of transmission line was ignored, disregarded and determined to be insignificant local input

by Allen Best

Elbert County has initiated litigation in an effort to overturn the Colorado Public Utilities Commission approval of Xcel Energy’s plans to build a 345-kilovolt transmission line across the county.

The 48 miles within Elbert County planned by Xcel are part of the fifth and final segment of the 550-mile Colorado Power Pathway. With this transmission line that loops around eastern Colorado, Xcel says it can add wind and solar generation of electricity that will allow it to meet demand from its customers in metropolitan Denver while ratcheting down greenhouse gas emissions.

Elbert County refused to give permits for the project as proposed, as did neighboring El Paso County. Elbert County said that a different route, one that crossed the eastern part of the county, the area closer to Limon, would be acceptable. The existing route crosses a somewhat more populated area about 35 miles east of I-25.

Following Elbert County’s denial of the 1041 land use and other permits, the PUC commissioners held a hearing in December at the fairgrounds in Kiowa, the county seat. The PUC commissioners heard dozens of local residents as well as a couple of state legislators who spoke in various levels of anger and anguish but in agreement that Xcel should not get its way.

A similar meeting was later held in El Paso County, which is also crossed by the fifth and final segment.

Xcel Energy has completed or is now building four of the five segments of the Colorado Power Pathway. The fifth segment from the Pueblo area north to the Denver metropolitan area remains in dispute. Top photo: an area of Elbert County, between Kiowa and Limon, where the disputed transmission line would be built.

The PUC commissioners in April approved the transmission line route that Xcel wanted. All three commissioners reprimanded Xcel in various ways about its approach in working with Elbert County but without dissent concluded that the transmission route Xcel wanted was the best one.

In making that decision, the PUC cited century-old laws that were most recently updated in 2007 that the PUC staff said clearly gives the commissioners right to overrule denials for transmission lines by local governments.

Elbert County disagrees.

“Local input during the entire multi-year process was ultimately ignored, disregarded and determined to be insignificant,” the commissioners said in a statement. “We continue to believe State statute protects local input and meaningful local control. Xcel has sent a message not only to Elbert County, but to all local governments in Colorado that local input is irrelevant, and they intend to use the PUC to overcome any decision that in any way impacts their unilateral decision making.”

In their statement the commissioners insisted that Elbert County wanted only to “ensure the transmission line is routed in a way that responsibly balances statewide energy needs with local safety, land‑use, and community values.”

El Paso County’s reaction, if there is any, will be added once it is received by Big Pivots.\