Elbert County has denied the permits that Xcel Energy needs to build a portion of a $1.7 billion transmission project aimed at boosting the electric grid’s capacity. The utility could now turn to the courts or state regulators to advance its Colorado Power Pathway.
The Elbert County commissioners voted unanimously Tuesday to reject Xcel’s request, saying the application was incomplete and didn’t meet the county’s regulations. The commissioners will meet Wednesday, July 2 to finalize their decision.
Xcel, which launched the transmission project in 2021, said it will review the county’s final resolution and consider its options, which could include taking the matter to court or the Colorado Public Utilities Commission.
“We have collaborated with the Elbert County community for four years, addressing questions, concerns and acquiring land rights voluntarily,” the company said in a statement. “Projects like the Colorado Pathway are vital to maintain the reliability Coloradans expect from their electrical system.”
The transmission lines, power substations and other equipment will stretch over 12 counties, mostly in eastern Colorado, home to several solar and wind farms, and include 550 miles of lines. The project will carry about 5,500 megawatts of new wind, solar and other energy sources.
One megawatt of solar or wind energy can supply electricity to several hundred homes.
Construction has been completed in two of the Power Pathway’s five segments. Xcel said nine counties have approved permits for the project. Along with Elbert, the company is also seeking approval in Arapahoe and El Paso counties.
The Colorado Public Utilities Commission gave the project the green light in 2022.
However, residents and officials have strongly objected to the proposed location of the transmission lines through Elbert County. They have urged Xcel Energy to route the 48 miles of double-circuit lines about 50 miles farther east where it is more sparsely populated.
“There are routes that actually have utility easements and transmission corridors where they could use rights of way so they wouldn’t have to use eminent domain to get rights of way,” said county resident Kerry Jiblits. “They’re choosing not to do it.”
Xcel’s preferred route could have impacts on wildlife, forested areas, property values and people’s views, said Jiblits, a member of the Elbert County Environmental Alliance. “It’s going down Highway 86, the main highway in the county.”
Before voting on the permits, the Elbert County commissioners asked Xcel Energy representatives why it chose the route it did and why people who don’t want to sell land for the project have received letters about the company’s plan to acquire the land through condemnation even though the permits haven’t been approved.
“Personally, I just feel like people are being bullied,” Commissioner Byron McDaniel said.
During a recent county planning commission hearing, Xcel said 27 properties have been acquired while condemnation proceedings on 13 properties have started. Negotiations are being held on additional nine properties.
“It is our goal to acquire land rights voluntarily, and we remain hopeful that this will be the case for this project,” Xcel spokesman Tyler Bryant said in an email. “However, when negotiations are unsuccessful, we have to exercise our eminent domain authority.”
McDaniel said running the transmission lines near people’s homes and businesses will drive down property values, affecting the county’s tax revenue and ability to pay for services.
Xcel evaluated 500 miles of routes in Elbert County alone and hundreds more miles of routes across the length of that segment of the Power Pathway, Bryant said.
“This route best balances the factors we must consider in siting new infrastructure, including cultural and historic resources, technical and engineering requirements, environmental constraints, existing and planned land use and other factors requested by the community, landowners and other stakeholders,” Bryant said.
This route is also near existing roads and other transmission lines, which provides access for construction and maintenance, keeps costs low for customers and minimizes impacts, he added.
The planning commission and the county staff recommended denying the permits. One of the issues they cited was the failure of Xcel to adequately address the wildfire risks associated with more transmission lines running through the county and whether those risks will unfairly burden local fire agencies.
Xcel representatives told the commissioners that they continue to talk to and coordinate with the fire departments. However, a county report said the company had not submitted prevention and safety agreements with two of the departments.
The utility didn’t respond to all the comments from other agencies, either, county officials said.
