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Teton County P&Z recommends denial of Fall River Electrics proposed Midway substation, citing inadequate buffering and missing studies
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Summary
After a prolonged public hearing and heavy resident opposition, the Teton County Planning & Zoning Commission voted 4-2 to recommend denial of Fall River Electrics special use permit for a 5-acre Midway substation, citing unmet SUP criteria on buffering, wildlife impacts and missing EMF/noise site data.
The Teton County Planning and Zoning Commission on Oct. 21 recommended denial to the Board of County Commissioners of Fall River Electrics special use permit for a 5-acre Midway substation near 700 West and 3500 South, voting 4-2 after extensive public comment and commissioner deliberation.
The commissions recommendation cited failures to meet multiple Land Development Code standards, identified in deliberations as criteria 1, 5 and 6: a lack of site-specific studies (wildlife/habitat and electromagnetic-field measurements), insufficient scale/site-design mitigation for nearby residences, and inadequate perimeter buffering and screening where required. An unidentified commissioner who made the motion said the application materials did not demonstrate compliance with those standards.
Fall Rivers engineering manager, Dave Peterson, told the commission the cooperative had sought a site between the Targhee and Victor substations for about 15 years and purchased the parcel adjacent to a Bonneville Power Administration transmission line to avoid constructing a separate transmission tap. "After January's cold spell last year, this need for this substation became a priority project for us," Peterson said, adding the company proposed Type E buffering (shrubs and shrubs/trees where planting is allowed), a 9-foot slatted security fence and operational lighting that would be turned off except during maintenance.
Residents who live near the proposed site made repeated objections during the public comment portion. Lisa Gentry said she lived "right down the road" from the proposed substation and voiced opposition to placing the facility in a neighborhood where it would affect scenic views and quality of life. Multiple speakers raised shared concerns about property values, wildlife impacts in a mapped big-game migration corridor, and the adequacy of the applicants proposed buffering. "The very heavy burden of proof here rests with Fall River," Anna Tranadu told the commission, urging the applicant to provide a full record showing all six SUP criteria are met.
A number of commenters requested site-specific EMF measurements and peer-reviewed assessments of wildlife impacts. Emily Johnson, a physician who testified by Zoom, said the EMF and noise information provided to date was inadequate and that the commission had previously asked for measurements that were not supplied. In response, Peterson said Fall River had reviewed studies from the World Health Organization and other authorities and characterized EMF levels at the fence line as comparable to household devices and effectively undetectable at 100 feet. He also said the utility had not conducted its own EMF measurements on the existing substations but had purchased a meter and could provide readings.
Commission discussion emphasized that while the site is functionally located beneath the transmission corridor, the application as submitted did not show how it would meet the countys LDC requirements for perimeter screening (particularly on the western side, where a 100-foot BPA easement limits plantings), site design relative to nearby residences, and a clear record of wildlife and EMF analysis. Commissioners debated whether alternative buffering remedies in code section E could be applied, such as off-site plantings or alternative screening designs, but concluded the present submission left unresolved compliance gaps.
On roll call the recommendation vote was: Miss Baker Aye; Mister Weber Aye; Mister Braun Aye; Mister Penfold Nay; Mister Kopa Aye; Mister Wilcox Nay. The motion to recommend denial passed 4-2. The commissions action is advisory; the Board of County Commissioners will hold subsequent hearings and make the final decision.
The commission and members of the public suggested several specific steps Fall River could take if it seeks future approval: provide site-specific EMF measurements and noise readings from comparable Fall River facilities, prepare a wildlife/habitat assessment tied to the countys overlay map, and submit a revised site plan that demonstrates full perimeter screening or an alternative buffering approach that meets LDC intent. Peterson said the utility would consider providing additional measurements and exploring off-site planting on adjacent properties with landowner permission.
The meeting packet identifies the proposed site as a roughly 5-acre parcel and notes that portions of the lot lie within a BPA transmission-line easement that restricts planting within about 100 feet. The applicant proposed a 9-foot security fence; commissioners noted the proposed fence and planting plan did not provide screening adequate for structures 24 to 30 feet tall visible from nearby two-story homes.
The commission recorded the public hearing transcript and will forward its recommendation and findings to the Board of County Commissioners, which will schedule its own hearings and a final written decision.
