Elbert County commissioners approve resolutions denying Xcel Energy 1041 permit and special-use application

ELBERT COUNTY, Colo. — The Elbert County Board of County Commissioners on July 2 approved resolutions denying two land-use applications from the Public Service Company of Colorado (doing business as Xcel Energy) for its Power Pathway project and then convened an executive session to discuss the legal parameters of potential further action.

The board approved written findings, as prepared by County Attorney Lance Ingalls, that formalize the commissioners’ earlier direction after a June 24 public hearing. Ingalls told the board the draft findings include clerical edits and added language to bridge differences between the board’s conclusions and staff recommendations: “based on the evidence and testimony at the public hearing and significantly based on the presentation of the applicant, the board is knowingly making some findings here,” he read aloud.

The commissioners voted to adopt a resolution denying Public Service Company of Colorado’s application for a major 1041 permit for site selection and construction of a major public utility facility (project number 104120249235) and to adopt a resolution denying the company’s special use by review application for the Power Pathway project (project number SUR202049236). The motions to adopt the resolutions were made and seconded on the record and the chair called the votes; the board recorded the motions as carried.

Ingalls said the board’s written findings are not identical to staff recommendations because the board reached different factual conclusions based on testimony and questioning at the June 24 hearing. He read a short, verbatim paragraph that was added to both drafts to make that distinction explicit and told commissioners to raise any additional changes before voting.

After the votes, Ingalls advised the commissioners not to grant interviews or otherwise discuss the matter publicly during the appeal period. “I don't recommend that you take media requests or interviews at this time,” he said, adding that the matter is subject to a 28-day appeal window and that the hearing was a quasi-judicial proceeding: “This was a quasi judicial matter where you served as the judge of the applications.”

Following that guidance, the board voted to adjourn into an executive session limited to legal advice about whether and how the county could place a stay on certain types of applications. Ingalls framed the executive session as a follow-up to board direction from June 25 and said the discussion would focus on legal parameters, not on making additional decisions that day. “After the executive session, we'll come back here and close out the meeting, but I don't anticipate any decisions today. We're just gonna talk about legal parameters,” he said.

Votes at a glance

- Public Service Company of Colorado (Xcel Energy) — Major 1041 permit (project 104120249235): Board approved resolution denying the application. Mover/second: not specified in the transcript. Vote: resolution carried (affirmative votes recorded on the record). - Public Service Company of Colorado (Xcel Energy) — Special use by review (Power Pathway, SUR202049236): Board approved resolution denying the application. Mover/second: not specified in the transcript. Vote: resolution carried (affirmative votes recorded on the record).

What this means next

Ingalls told the board the denial resolutions may be appealed; the statutory appeal period he cited on the record runs for 28 days. The resolutions include the board’s written findings explaining the basis for denial; commissioners approved those findings after Ingalls read the added clarifying language and confirmed the drafts reflected the board’s deliberations. No additional decisions were made after the board moved to executive session, and Ingalls said he did not expect further action at that meeting.