Wednesday, July 6, 2016

Parker Town Council Rules in Favor of Unneeded Xcel Power Lines

The Parker Town Council ruled Tuesday, July 5, 2016 to approve a motion to grant Xcel a special use permit, allowing the company permission to build its unneeded ultra-high voltage, long-distance transmission lines through 5.4 miles of the Town of Parker. Several members seemed disgusted by not having the leverage to deny the proposal. But they could have joined us in the fight more than two years ago. Would the outcome have been different? No one knows. But the effort would have been made, and we doubt the minimal and mislabeled "mitigation" was worth the neutrality and appeasement approach.

The final vote was 4-1 in favor. One member was absent (lucky fellow).

Thanks to everyone who has in the past couple of years fought this project.

We always knew we were up against the odds, and we didn't get the outcome we wanted. But making our voice heard was worth it. The silver lining is that until the line is built, it's not over. A lot could still happen between now and 2019 or 2020.

Is our part in the fight over? Good question with no good answer right now.

Here's how the votes went:

Mike Waid (no tie, so he didn't vote)
John Diak (voted yes to approve Xcel's project)
Amy Holland (voted yes)
Debbie Lewis (voted no)--Thank you Debbie!
Josh Martin (voted yes)
Joshua Rivero (dodged the bullet and wasn't at the meeting)
Renee Williams (voted yes)
Thanks to all of you for all your efforts to fight what should never be built.
Mike Roueche

Monday, June 6, 2016

It's Time to Act

Halt the Power Lines is a grass roots organization favoring responsible electric utility management and stands against unnecessary expansion of aerial transmission lines.

We specifically oppose Xcel's plan to jeopardize the health of our children, families, economy and communities with its proposed extra-high transmission lines winding through Colorado neighborhoods: an ultra-high voltage (345kV) transmission line from Pawnee to Daniels Park.

The company has suggested the project is needed to integrate wind power into the Front Range Grid. Environmental solutions to energy issues must take into consideration all impacts and costs on nature and humans, including their physical and mental health.

What Can I Do to Help?


Tell the Mayor and Town Council you oppose all of Xcel's transmission-line plans:

 

1) NEW THIS MORNING (6/27/16): Sign a voter pledge: "We cannot vote for elected officials who approve this proposed project in its current form."

2) Write to the Mayor and Town Council telling them you oppose Xcel's proposed project and all routing. Their email address is council@parkeronline.org. Emails can be short. Just let them know how you feel. Remember, this is an election year, so they'll be anxious to hear from electors.

3) Sign our general online petition. (We're up to more than 300 signatures.)

4) Crucial upcoming hearing in the Town of Parker:

  • Town Council Hearing: July 5 at 7 pm at Town Hall

Many members of the community don't know about the proposal. Help us spread the word:


1) Follow us on Facebook and like and share our posts: https://www.facebook.com/haltthepowerlines

2) Spread the word on NextDoor and other social media.

What are we asking for and why?

We call on the Town Council, elected representatives of Parker citizens, to reject all proposed routing of Xcel’s Pawnee to Daniels Park ultra-high-voltage long-distance transmission lines because:

1) The lines may never be needed and with dispersed energy generation and storage technology rapidly developing, they will likely be obsolete long before rate payers have finished paying for them, leaving Town residents with uncompensated and lingering depreciated home values, potential health risks, increased energy costs and the blight of underutilized lines.

 

Depreciated home values


Xcel sites studies (neutral?) that show little impact on property values. But stop and think. Some things don't even need to be studied. Intuitively, can't you feel that a house with a power line (or two) in its backyard will be less desirable to some people than the same house without power lines. Such disinterest would decrease demand for that house. Ask realtor friends if their experience suggests a power line (or two) impacts home price and sales.

But here's a study for you: In the case of a 345kV line being added to an existing 69kV transmission line property value dropped by 27% after announcement of the new line. (http://puc.sd.gov/commission/dockets/electric/2013/EL13-028/guidelines.pdf)

If Xcel disputes the obvious—the lines will impact property values along any proposed path—it should unequivocally guarantee financial compensation to homeowners along the transmission line path who see appraised (by a neutral party) property values decline if the lines are approved and built.

Potential health risks


Health risks are an unsettled issue:

The EPA's site most recently concludes (https://www3.epa.gov/radtown/subpage.html#?scene=The+Burbs&polaroid=Power+Lines&sheet=0):

"Scientific experiments have not clearly shown whether or not exposure to EMF increases cancer risk. Scientists continue to conduct research on the issue." But the agency seems to sound a warning: "The strength of electromagnetic fields fades with distance from the source. Limiting the amount of time spent around a source and increasing the distance from a source reduces exposure."

The California EMF (electro magnetic fields) Program published in 2002 “An Evaluation of the Possible Risks from Electric and Magnetic Fields (EMFS) from Power Lines, Internal Wiring, Electrical Occupations and Appliances” and concluded “after reviewing all the evidence,” it was “inclined to believe that EMFs can cause some degree of increased risk of childhood leukemia... .” (http://www.ehib.org/ehib/www.ehib.org/emf/RiskEvaluation/ExecSumm.pdf)

In a 2001-2006 analysis done for the Public Service Commission of Maryland, authors concluded, “There were three significant major national and international reviews in the last reporting period that concluded there was a consistent association reported between magnetic field exposure and leukemia in children in epidemiological studies; however, uncertainties in the data and little confirmatory evidence in laboratory studies led to a conclusion that it could not be stated with certitude that magnetic fields cause cancer. Little has changed since then. Reviews and evaluations have continued. As Feychting, Ahlbom, and Kheifets stated in their review: 'Research on ELF fields has been performed for more than two decades, and the methodology and quality of studies have improved over time. Studies have consistently shown increased risk for childhood leukemia associated with ELF magnetic fields... .'” (http://ceds.org/DCSE/I-Status%20Report%20on%20Investigations%20of%20Potential%20Human.pdf)

The National Institutes of Health's August 2007 issue of Environmental Health Perspectives, carries a column by Michael Kundi of the Institute of Environmental Health Center for Public Health, Medical University of Vienna, Vienna, Austria. After reviewing and critiquing multiple studies on childhood leukemia and EMFs, he concluded, “It is high time that exposure to power frequency EMFs is recognized as a potential risk factor for childhood leukemia... .” (http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1940086/)

With so much uncertainty and associated fear, who with a clear conscience would be willing to subject any Colorado or Parker residents to the possible health risks associated with living by power lines?

If Xcel is sure transmission lines don't pose a threat to the health of residents adjacent to the power lines, let it provide each homeowner along the proposed transmission line—and communicate it as well to the overall community through the local media—a legal affidavit stating unequivocally that there would be no health risk to homeowners from the proposed lines if they were installed. We've invited them to do that before. We're still waiting.

Increased energy costs


Ratepayers (including customers of IREA) will pay for the costs of these transmission lines for decades to come, even if the lines never carry the power Xcel has projected. That's probably one of the main reasons Xcel is pushing this project—lock in long-term guaranteed financial returns as their traditional approach to business comes under pressure from technological advances.

Lines may never be needed and, with dispersed energy generation and storage technology rapidly developing, they will likely be obsolete long before rate payers have finished paying for them


The energy industry is in rapid upheaval and experiencing dramatic market changes, specifically related most recently to solar. No one anticipated the dramatic drop in cost of roof-top and solar gardens (http://www.denverpost.com/business/ci27985150/9-metro-denver-solar-gardens-rooted-another-10-start-to-sprout) over the last several years. The industry was perhaps imagining only government-subsidized wind turbines and solar at the utility level.

As the Washington Post recently reported, “'Grid-connected self-consuming solar will become economic for nearly all customers imminently, with grid-connected solar plus-battery systems following soon after,' notes [a] study” by “the Rocky Mountain Institute, an influential energy policy think tank.” (http://www.washingtonpost.com/news/energy-environment/wp/2015/04/07/study-the-way-we-get-electricity-may-be-on-the-verge-of-a-major-change/)

While watching solar cost decline precipitously, one is left wondering if large wind turbines will be the best long-term energy solution for Colorado consumers and the environment. Yet, Xcel presents gas-fired generation and as-yet-unbuilt turbines as the only basis for this proposal; even as it wrestles before the PUC to decrease payments to roof-top solar customers. (http://www.sierraclub.org/sierra/2014-3-may-june/feature/throwing-shade-how-nations-investor-owned-utilities-are-moving-blot)

As battery technology improves (http://www.washingtonpost.com/business/economy/if-the-industry-makes-its-connections-your-next-home-may-run-off-a-battery/2015/04/25/c4a68482-de00-11e4-a500-1c5bb1d8ff6a_story.html) and energy is increasingly generated at the point of use, the need for costly and inefficient transmission lines will, we anticipate, decrease.

2) Very little (if any) of the power will feed Parker homes or businesses.


In the town’s query to Xcel on this point, the company gives multiple ways this line will “benefit” Parker IREA customers, including “the Town will get the benefit of a more robust and reliable transmission system..., reduced carbon emissions with the injection of Rush Creek Wind Project [an as-yet unapproved project], the potential for additional renewable injection helping to reduce further reliance on fossil fuel sources, and more tax revenue.”

In short, the company doesn't even claim—because it can't—that power carried on this proposed transmission line is needed for electricity in Parker now or in the future.

3) It appears Xcel has attempted to divide the community by pitting Town residents against one another to grease its way to approved routing for its financially self-serving project.


We believe the Parker community should be united in its efforts. However, Xcel has something different in mind.

Here's an excerpt from a posting on a Parker area homeowners association site where Xcel reveals its divisive tactics. Please remember that Halt the Power Lines opposes this project in its entirety and all proposed routing of overhead lines. The petition mentioned was used to fight the overall project at the Public Utility Commission (PUC) at a time when only one routing option was offered.

The online post reported (bolding added): "I met Tom Henley, Xcel Energy Area Manager, Community and Local Government Affairs. He introduced me to Randy Pye, Xcel Energy’s public affairs consultant on this project. Randy said expansion of the existing line is what Xcel Energy wants to pursue as it is the most cost effective as Xcel already owns the land. However, there are several Parker residents who are opposed to this. Randy indicated there are 350+ Town of Parker residents who have signed a petition in opposition of expanding the existing line and it will be important for the surrounding neighborhoods to out-petition them."

Don't let Xcel divide us: We are asking all of Parker to stand together in rejecting this project and all proposed routing.

4) Xcel is prematurely seeking Town approval of routing because it is concurrently seeking PUC permission to begin the project earlier than previously allowed by the PUC.


After filing with the Town for review and approval of routing, Xcel changed the “rules of the game” and chose to seek PUC permission to accelerate the development of this project (from PUC approved 2020 to 2017). While the company has the right to seek this approval, the Town and its citizens must exercise the right to have PUC project clearance and timing finalized before reviewing the project. While we encourage the Town to reject the project outright, rejecting now because the PUC is reviewing timing would be a welcome short-term tactic.

If Xcel is set on this project and wants to rout it through any Colorado neighborhoods, it must find a new way of doing it, develop new technologies, partner with entrepreneurial companies and state and federal government to explore new, cost-effective, environmentally and human friendly approaches to the problem of extra-high voltage transmission lines through neighborhoods. We’re 25 years into the Internet age, and we're seeing amazing advancement in energy production and storage. We know rapid development can take place where there is a desire and concerted effort. After more than two years of dealing with Xcel, we've seen no desire or effort in improving its transmission plan or technology.

Governments must not allow the company to merely string lines on poles and destroy our communities.

Report on June 30 Planning Commission Meeting:

The Planning Commission Hearing lasted for more than four and 1/2 hours. We counted at least 125 resident there, not counting the Xcel folks, Parker staff, etc. Standing room only. Incredible turnout.

In the end, the Planning Commission voted unanimously to support the routing. Their major concern seemed to be about how much it will cost the Town in legal fees if Xcel "appeals" a Town rejection to the PUC. Beyond that they seemed to buy into the faulty logic that there's big growth going on throughout south Denver, therefore we need more power, therefore we need this project. But Xcel is always carefully scripted when they talk about how it will benefit Parker, because they know it's only marginally beneficial to the Town. The Planning Commission seemed to be making up their positions based on their own thoughts in this area and did not seem to listen to the dozens of citizens who spoke bravely. We were really pleased the vast, vast majority of neighbors spoke in a unified opposition to the project.

Unfortunately the meeting went on for more than four hours. Many citizens who had signed up to present had gone home by the time their names were called. (And parts of the first two hours were drawn out and boring.)

Tuesday, April 19, 2016

The following is the full email sent by the mayor of Parker following the town council's vote to grant Xcel a waiver, allowing the company to not submit a full site plan for approval at this time. While the email raises more questions than it answers, we present the long, detailed email in full with only one additional comment: The mayor refused to answer most of our follow up questions because he indicated they required him to speculate.

Also, you can check out the Parker Chronicle's story on the hearing, which helps put the letter in better context (http://parkerchronicle.net/stories/Emotionally-charged-power-line-issue-progresses,211544).

I hope you are well.  Would you mind forwarding this email to your entire group in regards to the Xcel application with the Town of Parker.  I have tried to BCC those citizens who emailed us directly on this email but may have missed some of them.

Last night the Town Council considered a Resolution that was the subject of several e-mails from the community.  The purpose of the resolution was to deal with the procedure for processing the applications submitted by Xcel, not the substance of the applications submitted by Xcel.  As you know the Town Council is legally prohibited from addressing the substance of pending land use applications, except during the public hearing, when the applicant (Xcel) and the residents will be given the opportunity to present information to Town Council in support of their respective positions concerning the use by special review application that was submitted by Xcel.  The Town Council, sitting as the judge, in accordance with Town Code, will decide whether to approve, approve with conditions, or deny the use by special review application submitted by Xcel. For the reason that the Resolution addresses the procedure for processing one of the applications  submitted by Xcel (the Site Plan Application), not the substance of the application submitted by Xcel. I am able to respond to the e-mails sent to Mayor and Town Council from the community concerning the Resolution.

Before I address the specifics of the Resolution, I want to share the background that the Town Attorney provided to Town Council and members of the community that were present at last night’s Town Council meeting, including some of your neighbors that sent e-mail to myself and Council concerning the Resolution.   According to the Town Attorney, Xcel submitted two applications with the Town.  One application was for a use by special review and the second application was for a site plan.

The use by special review is the process for determining if the power project will be APPROVED, APPROVED WITH CONDITIONS, OR DENIED.  The use by special review process is SUBJECT TO A PUBLIC HEARING before the Planning Commission and Town Council.

The SITE PLAN is the process for reviewing the plans required by the Town Code for the power line project, to determine if the project meets the Town’s construction standards (which contain certain state and federal standards), prior to the issuance of a grading or building permit.

The KEY requirement for any site plan approval is that the project has obtained all of the necessary zoning approvals.  In other words, the site plan application submitted by Xcel cannot be approved unless the Town Council, following a public hearing, approves the use by special review requested by Xcel.

The site plan process is ADMINISTRATIVE in nature, which means that there will be no public hearing for the site plan before the Planning Commission or the Town Council.  The reason that the approval is administrative is that there is no real discretion associated with the review of the site plan.  If the site plan application meets the standards contained in the Town Code, Town Staff must approve the application.

The Resolution that was considered by Town Council last tonight DID NOT involve the use by special review application that was submitted by the Xcel, DID NOT involve whether the Xcel project should be approved, approved with conditions or denied, and DID NOT involve any of the alternative alignments associated with the Xcel project.

The Resolution that was considered by Town Council last tonight ONLY involved the site plan application that was submitted by Xcel.  As the Town Attorney explained, the site plan is administrative and the decision to approve, approve with conditions or deny the application is a decision by Town Staff, but only if the Town Council approves the use by special review, following a public hearing before Planning Commission and Town Council.  If the use by special review is denied by the Town Council, then the site plan becomes moot.

The Resolution that the Town Attorney prepared for consideration by the Town Council was in response to a request by Xcel to defer the TIMING for the submission of the certain plans to the Town, as a part of the SITE PLAN APPLICATION, until SUCH TIME AS Xcel needs a permit from the Town to construct the project, which is currently no sooner that May of 2020, based upon an order issued by the Public Utilities Commission.  I want to stress that at NO POINT OR IN ANY WAY does this resolution allow Xcel to skip or waive their site plan requirements...it ONLY ADDRESSES TIMING for the submission.

The plans that were the subject of the request are described in Section 13.06.030(b)(6),(7) and (12) of the Town Code, which require the submission of a drainage plan, landscaping plan and civil construction plan as a part of the application for a site plan.  If these plans were submitted as a part of the Site Plan application, any review of these plans by Town Staff would be based upon 2016 standards and not 2020 standards.  As the Town Attorney explained, it is Town Staff that will make the decision concerning the site plan.

For the reason that construction cannot start any sooner that May of 2020, Town Staff supported the Resolution for the simple reason that Town Staff wants to review these plans based upon 2020 STANDARDS not 2016 STANDARDS, which Town Staff believes will provide the greatest protection for the Town and its residents.

Additionally, the Town Attorney supported the Resolution because of the state statute that governs the period of time that the Town has to process the applications that Xcel submitted to the Town.  The state statute only gives the Town 90 days to process the applications and if a decision is not reached by the Town Council at the end of the 90 days, the applications, by operation of law, are DEEMED APPROVED.   Let me stress this point again...IF THE APPLICATION IS NOT PROCESSED WITHIN 90 DAYS THEN BY STATE STATUTE IT IS AUTOMATICALLY APPROVED!  In this regard, CRS Section 29-20-108(2), provides “[i]f the local government does not take final action within such time [90 days], the application is deemed approved.”

In order to protect the integrity of the procedure for processing the applications and minimize the consequences associated with violating the limited time period for processing the Xcel applications as mandated by state law, the Town Attorney requested and in fact negotiated an agreement with Xcel, as allowed by the state law referenced.  The agreement provides for the “waiver” of the 90-day deadline mandated by state law.  The agreement contains the review timeline for processing the application.  Given Town Council’s approval of the Resolution last night, the applications are now deemed complete as of April 5, 2016.

The timeline contained in the agreement provides for two referral periods and mandates complete responses by Xcel as a part of the timeline.  If Xcel does not provide complete responses within the 90-day period, then the 90-day period will be extended by one day for each day that Xcel delays in providing a timely response.  Again, let me stress that BECAUSE OF LAST NIGHTS RESOLUTION XCEL HAS WAIVED THIS 90 DAY DEADLINE AND HAS AGREED TO EXTEND THE REVIEW PERIOD ONE DAY FOR EVERY DAY THEY ARE PAST THE SET REFERRAL DATES!  In this regard the agreement provides:

“If any of the actions to be taken by the dates described above are not taken, compliance with the remaining deadlines shall be tolled until the missed deadline is met.  Once the missed deadline has been met, the remaining deadlines shall be extended by the number of days the missed deadline was not met.  Final action on the land use applications will be taken by the Town Council on or before Tuesday, July 19, 2016, unless such date is extended as provided herein due to the failure of the Company [Xcel] to comply with the stated deadlines above, or the application is deemed approved pursuant to C.R.S. Section 29-20-108(2).  The Parties agree that the above schedule is reasonable and complies with the requirements of C.R.S. § 29-20-108(2).”

The agreement further provides that Xcel will meet with the Town Staff “as many times as reasonably necessary to discuss impacts associated with the proposal and measures the Company (Xcel) can take in order to address the Town’s concerns and mitigate impacts of the Project or provide public benefit.”  For the reason that the agreement and the Resolution protect the process, provide certainty in the face of a state-mandated deadline of only 90 days and protect the public interest in terms of allowing the Town Staff to review the drainage plan, landscaping plan and civil construction plan based upon 2020 standards instead of 2016 standards, the Town Staff and the Town Attorney both supported and recommended that the Town Council approve the Resolution.

I hope you find this explanation helpful and understand that it is the duty of Town Council to protect the integrity of the process and to provide a full and fair hearing, regardless of the decision.  It would be unfortunate if the Town was not able to defend its ultimate decision because of some procedural defect associated with the processing of the Xcel application.  I am sorry for the length of this email, but there is a significant amount of INCORRECT information regarding what last night's resolution was about and how it related to the application for use by special review.

As always, please feel free to reach out to me if you have any questions.

My best,

Mike Waid
Mayor - Town of Parker
mwaid@parkeronline.org