Complete Colorado

Xcel sues Elbert County over massive power line permit denial

KIOWA, CO–Xcel Energy is suing Elbert County after commissioners in June unanimously denied the energy monopoly’s permit request to build a massive power line project through the county. 

The billion-dollar-plus Colorado Power Pathway project is an important element of Gov. Polis’ ambitious 100% renewable energy mandate for the state. intended to connect wind and solar energy generated on the Eastern Plains to metro Denver-area communities.   

As previously reported by Complete Colorado, Elbert County commissioners (followed quickly by neighboring El Paso County) voted 3-0 to deny Xcel access to build 48 miles of the 550-mile power line across the county. As part of the denial, commissioners argue the power line would not only decrease property values and negatively impact areas with animal traffic, but that the risk for wildfires will increase without an adequate prevention plan from Xcel. Commissioners also say Xcel’s utility applications were incomplete and inaccurate. 

The county, with a population of roughly 29,000 southeast of Denver, is not served by Xcel as an energy provider. 

Xcel Energy subsidiary Public Service Co. filed an official complaint with Kiowa District Court on July 29, asking the court to overturn the denial, claiming, among other things, that the county is acting contrary to the state’s best interest. 

“In particular, the Denial Decision was based upon the Board’s conclusion that it did not need to consider the needs of its neighboring jurisdictions when evaluating Pathway’s site selection,” the complaint reads in part. “While PSCo acknowledges that counties, like Elbert, have certain regulatory siting authority over projects, like Pathway, counties cannot use that authority to effectively preclude a project that is a matter of statewide concern from coming to fruition.” 

While the county commission reports having not been officially served as of yet, they responded with the following statement:  

We will review the complaint, respond through the legal process, and fully expect to support and defend the county’s decision to deny this project.” 

Amy Cooke, co-host of PowerGab, the Independence Institute’s Colorado focuses energy podcast, says the power line project amounts to rural Coloradans being forced to give up their land and safety for “high-voltage super-highways” that will only benefit the Front Range. 

“Colorado’s ideologically driven energy policy isn’t just controversial — it’s contentious and costly,” Cook told Complete Colorado, “Elbert County is doing what neither the legislature nor the executive branches will do: stand up for its residents, its viewsheds, and its right to demand complete, safe, and honest applications from utilities.” 

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