Project Approval

Tri-State and Xcel need three separate approvals from federal, state and county governments before they can construct their massive, unnecessary transmission line. Without approval from all three, their project cannot be built.

These processes can be long and drawn out. As a result, it’s difficult to determine when and how you can and should participate in them. Below is a brief overview of each process and the key opportunities for you to influence them.

Federal Approval (2009 to 2012 or later)

The Rural Utilities Service (RUS) oversees an Environmental Impact Statement (EIS) process. The EIS identifies the proposed project’s impacts and assesses whether reasonable mitigation measures can be taken or if there are less-impactful ways to accomplish the purpose and need of the project.

Key Opportunities for Input

  • Project Scoping and Route Refinement - By the end of 2011, we expect a series of public meetings to gather input on what should be evaluated in the EIS and revised routes developed by the utilities. Input at this stage is critical as it influences numerous factors that drive the EIS decision making process. Critical among them are the project’s Purpose & Need Statement and the alternatives to be included in the analysis.
  • Draft Environmental Impact Statement (DEIS) – This critically important document is typically published 12-24 months after Project Scoping. Comments on the document are vital as they are your last substantive chance to influence the project decision. Every comment submitted must be considered, the EIS modified (if needed) to address it and have a direct response included in the Final EIS.
  • Final Environmental Impact Statement (FEIS) – This critically important document is typically published 6-12 months after the Draft EIS. The Final EIS will reflect updated information about the project and analysis as a result of the comments received on the Draft EIS. Although comments have a more limited impact at this phase, we encourage you to review this document and provide comments to the utilities and the Rural Utilities Service.

State Approval (2009 to mid/late 2011)

The Colorado Public Utilities Commission (PUC) oversees a Certificate of Public Convenience and Necessity process to assess whether there is a need for the line. The PUC’s initial decision recommends granting the CPCN. A final decision on the CPCN could come at any time, but after more than two years the decision is still not issued. Separate from the CPCN, there are a number of other PUC proceedings, including one in which Xcel is slowly revealing that it has no plans to build more solar generation in the San Luis Valley.

Key Opportunities for Input

The PUC conducted hearings to accept testimony in 2010. At this point in the process, there are no additional opportunities for input.

County Approvals (Could begin in 2011 or 2012)

Every county that the transmission line crosses will oversee a decision process related to whether or not they will allow the transmission line to be built in their county. Each county has their own approval process. At this point, it’s unclear when the utilities will begin the county-approval processes.

Key Opportunities for Input

  • Public Hearings – As part of each county’s consideration of the utilities’ application, they will hold public hearings to accept comments to be considered in their decision-making process. We strongly encourage your presence and active participation in these hearings.