PUC Makes Verbal Ruling

Denver Post's energy writer Mark Jaffe

reports cost of solar falling sharply and rapidly.

(Photo from Denver Post story.)

The Full Public Utilities Commission yesterday considered Xcel's request for approval of a Certificate Public Convenience and Necessity (CPCN).

It substantially approved the administrative judge's ruling that Xcel could proceed to plan the project in detail and seek site approvals for the transmission line route, but it can not begin construction of the project until May 2020.

This decision shifts our efforts from the PUC to local and state governements, and there is much we can do to influence this project.

Interestingly, the one exception the commission took with the ruling was the judge's contention that most people who had communicated with the commission had supported the project. Although we were unable to legally take part in the proceedings, staff reported to the commission our opposition and petition signatures. The commission will rework the wording of that portion of the ruling. One commission member also alluded to concerns we raised about EMF and noise.

We are, of course, disappointed the project wasn't rejected outright and believe it should have been based on the arguments delivered by the Office of Consumer Counsel and the rapid changes going on in energy generation.

We remain committed to resisting utra-high voltage lines (that will deliver virtually no energy to Parker) destroying vistas from east to west through densely populated neighborhoods in Parker, and the associated problems that come with transmission line EMF, noise and construction.

Routing Not Considered

Perhaps in relation to public concerns, one commission member mentioned at least twice during the discussion that the commission was not ruling on or considering routing of the transmission line. This last point seemed an important reminder that the Parker Town Council will have approval/disapproval power over this routing process within town limits. We had hoped to help the town avoid that "honor," but it is not to be (unless Xcel decides it would be easier to route it elsewhere). We call upon the Mayor and Town Council to do everything in their power (legal, political, technical, etc.) to ensure Xcel's project does not blight Parker communities and skyline.

Cost of Distributed Energy Generation Falling Rapidly

This ruling aside, much is changing in energy generation, especially with rooftop solar generation dropping precipitously in cost in the last several years. If such trends continue over the next five years, energy demand forecasts may fall, and even Xcel may come to recognize the huge investment in time, cost and trouble is not worth it.

The Denver Post last Ocotober carried a story about the rapidly falling cost of solar powers. Cost was down by as much as 19 percent in 2013, and 2014 was looking to see a similar drop.

The paper also reported that installation costs are below the national average.

We're disappointed the PUC did not consider this as it made its ruling. However, such economics may have the last laught. Check out the Post blog.

Strategy Meeting

We will hold an important planning meeting on strategy and tactics Wednesday, March 18, 7 pm. The Rowley Downs HOA has agreed to let us meet at it's meetinghouse at the corner of Williamson Drive and Siebert Circle. We invite everyone to come so we get everyone's input as we look to the future.

Now that it appears to be a local matter, the more Parker folks we get engaged and re-engaged over the coming months the stronger and more influential our efforts.

PUC Discussion on Marginal Xcel Proposal Scheduled This Wednesday

Our wait for a PUC ruling is nearly over. Xcel's Pawnee-Daniels transmission line is on this week's agenda for discussion by the full Public Utilities Commission. The meeting will be webcast, and all are invited to listen to the proceedings in PUC Hearing Room A at 9 am, Wednesday, March 11. There are several items that will be considered before the Xcel proposal (14A-0287e).

In response, Halt the Power Lines will hold a discussion and planning committee meeting the following Wednesday, March 18 at 7 pm to discuss our next steps. Any who are interested, please mark your calendar. We'll send out details after the ruling.

More on the Process

Since the end of December, PUC staff analysts (Jessica Lowrey, Joel Hendrickson) have been reviewing the PUC administrative judge's initial approval of a Certificate of Public Convenience and Necessity (CPCN) and legal exceptions filed to the ruling.

By now, the staff will have met with each of the three members of the commission separately to present their analysis. The commissioners have not discussed the ruling with one another.

On Wednesday, the PUC will have a public, joint meeting with the staff analysts to discuss the ruling and the points brought out in the exceptions. By the end of the discussion, the commissioners will make a verbal decision as to whether or not to grant Xcel a CPCN. The actual legally binding written ruling will follow, probably within a few weeks.

In short, we'll have maybe a 95% understanding of where the project stands by the end of the day Wednesday.

What happens if the PUC grants the CPCN?

The ruling is somewhat final. If any participant in the legal process thinks the commission has made a legal mistake in its ruling, it could file for a reconsideration by the commission under what's called the "Three Rs."

It's important to note that if the CPCN is granted with a delayed project start (what the administrative judge recommended), construction would not start for five years. Much can happen during such a long period of time to change/halt such an expensive, marginal project, especially if demand forecasts fall (think distributed solar power generation).

Local Action

If the CPCN is granted and no party files for reconsideration, the next step would be land use review  and approval/non-approval by local jurisdictions (Douglas County, Parker, Aurora). We hope, particularly in the case of Parker because its citizens will be most directly affected with minimal to no benefit from the project, that representative governments are exploring and will continue to actively explore all their options (legal, political and technical). In the paraphrased, informal words of a PUC staff member: People think the PUC is the place to stop these projects, but the local jurisdictions have a lot of power in their processes.

We'll communicate later in the week, after the ruling, and thanks for all you've done so far. No matter what happens Wednesday, we've still got work to do.