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Commission records findings in denial of MDU right-of-way licenses; cites safety, viewshed and lack of mitigation
Summary
Following a court remand, the commission recorded findings supporting denial of two Montana Dakota Utilities right-of-way license applications under Wyo. Stat. §1-26-8-13, adopting motions that cited public-safety/distraction concerns, viewshed impacts, and that MDU had not demonstrated mitigation or adequate public engagement.
Deputy county legal counsel read the court’s remand order and explained the commission must articulate how the statutory criteria in Wyo. Stat. § 1-26-8-13 were applied when it denied Montana Dakota Utilities’ (MDU) right-of-way license applications last September. The county’s counsel said the record before the court is closed and that the commission’s role at this meeting was to adopt written findings tied to the remand.
Commissioners debated which points could be legally defended as "inconvenience to public use" under the statute. One commissioner moved and the board adopted a finding that overhead lines and larger poles at the crossing would create visual distraction and decrease public safety for pedestrians and motorists. A second motion adopted viewshed impact as an inconvenience to public use. A third motion noted that MDU had not demonstrated how it would eliminate or mitigate the stated issues and therefore had not shown it would avoid inconveniencing the public. Vote tallies were read into the record for each motion; some commissioners said they considered parts of the arguments a legal stretch but voted to represent constituent concerns. Counsel emphasized that the record being transmitted to the court will reflect these adopted findings.
