Rocky Mountain permit tabled

As their final action of 2020, the Board of Carbon County Commissioners (BOCCC) tabled a conditional use permit from Rocky Mountain Power for Segment D-1 of the Gateway West Transmission Line Project during their December 15 meeting.

The vote to table the permit appeared to come as a surprise to Rod Fisher, Director of Community Relations for Rocky Mountain Power, who joined the meeting via phone.

The current path for the Gateway West Transmission Line plans for 1,000 miles of high power transmission line extending from the Hemingway Substation in Melba, Idaho to the Windstar Substation near Glenrock, Wyoming.

Segment D-1 of the project would rebuild current and construct new 230 kilovolt (kV) transmission lines from the Shirley Basin Substation in Carbon County to the Windstar Substation. The transmission lines to be rebuilt are currently on the east side of Wyoming Highway 487 while the new transmission lines would be built on the west side of the same highway.

According to Sarah Brugger, planner for Carbon County Planning and Zoning, the approximately 20.1 miles of the new transmission line would be in Carbon County with 16.3 miles on property owned by the Bureau of Land Management (BLM), half a mile owned by the State of Wyoming and 3.3 miles on private land.

Additionally, the project would include another 4.1 miles of rebuild for transmission lines from the Aeolus to Freezeout substations alongside Carbon County Road 121.

Brugger informed the BOCCC that the current path of the Gateway West Transmission Line Project had been approved following a National Environmental Policy Act (NEPA) analysis with a record of decision issued in 2013. The county planner also stated that, after being sent out for referrals, Carbon County Planning and Zoning received comments from Tri-State Generation Transmission Association, the Wyoming Department of Transportation (WYDOT), Heward Ranch and the Medicine Bow Conservation District.

Tri-State Generation Transmission Association asked for cooperation during construction as one of their substations, Difficulty Substation, was on the current 230kV transmission line slated for rebuild. WYDOT requested cooperating with district offices in Carbon County and Natrona County in regards to permits for work along the Wyoming Highway 487 right-of-way.

Heward Ranch, while voicing their support for the project, expressed concerns over plans to construct new transmission lines on the westside of Wyoming Highway 487. These concerns were echoed by the Medicine Bow Conservation District.

“They ask that Pacificorp (parent company of Rocky Mountain Power) reconsider the cumulative impacts associated with this project including ‘the impacts to Greater Sage Grouse, other wildlife, rangelands, wetlands and viewsheds and construct the transmission line adjacent to the existing transmission line on the east side of Highway 487 to avoid additional and unnecessary disturbance’,” said Brugger. “There’s quite a few more. They ask to reclaim disturbed rangeland as soon as each section is completed and not to wait until the end of the project. Another one asking about mix seeds be developed in cooperation with the conservation district, that certified hay and straw be used with reclamation.”

Brugger noted that both the Carbon County Planning Commission and Carbon County Planning and Zoning staff recommended approval of the conditional use permit. Following her presentation, Fisher addressed the BOCCC.

According to Fisher, Rocky Mountain Power had experienced a setback for Segment D-1 from the Wyoming Public Service Commission. While the public utility company had requested that a decision be made before the end of 2020, the public service commission had scheduled the hearing for both Segment D-1 and Gateway South to take place in November 2021.

“It’s, essentially, setting back the construction start for both Gateway South and Gateway West Segment D-1, so there won’t be any construction activities that will occur in 2021,” said Fisher. 

Fisher added that he believed there were multiple factors contributing to that decision but that he expected approval from the Wyoming Public Service Commission in 2021 and an in-service date of October 2023.

“As Sarah pointed out, we went through almost seven years of NEPA led by the BLM and the U.S. Forest Service and those activities started in 2007. Largely, the siting for the transmission lines for all of Gateway West were conducted during 2008 to the 2010 timeframe,” Fisher said. “We had a draft EIS (Environmental Impact Statement) that came out and was published in July of 2011 that basically started locking down the alternative routes.”

Additionally, Fisher stated that Rocky Mountain Power had followed then current guidelines from the Western Electricity Coordinating Council (WECC) which stipulated that there must be 1,500 feet of space between transmission lines. It would be pointed out by Joan McGraw, director of the Medicine Bow Conservation District, later in the meeting that well had changed their guidelines to allow for 250 feet of space between transmission lines.

Fisher stated that while McGraw was correct in that WECC had updated their guidelines, that decision had come in February 2013, two months before the final environmental impact statement for Gateway West had been released. He added that Rocky Mountain Power had been able to update the route for Gateway South following WECC’s change as they were early in the NEPA analysis stage and had been advised to do so by BLM.

As the decision came before the BOCCC, Commissioner Byron Barkhurst considered the board’s role in the process. He stated that, while he understood Rocky Mountain Power had gone through various processes to the get to the point of construction, it was important that the commissioners also consider the concerns of local constituents.

“I sure wish it was east, but I understand why it happened back then. That was something, even on our ranch, we fought with. I guess it is what it is,” said Commissioner John Espy. “This is one of those ‘hold your nose and vote for it’ on my deal. I don’t like it but I know it’s not Rocky Mountain Power’s fault.”

Commissioner Sue Jones asked if it was too late in the process, or if there was enough time due to the November 2021 hearing before the Wyoming Public Service Commission, for Rocky Mountain Power to reroute Segment D-1 along the east side of Wyoming Highway 487. While Jones stated that the project had time, Fisher stated he didn’t believe there was time to change the route, citing a year’s worth of research surveys along with cultural and historical surveys.

Following a recess in which the commissioners conferred with legal counsel, the board moved to table the application and requested that Rocky Mountain Power return on February 2 to provide an estimate of the amount of money and time it would take to reroute the transmission line.

“Are you saying you want us to just relocate the 3 miles of transmission line that ultimately the county has authority for, albeit not siting authority?” asked Fisher.

Carbon County Attorney Ashley Mayfield-Davis responded that the short answer was “yes”.

“I do want to express my disappointment and frustration with your decision today,” Fisher said. “I will ‘lawyer up’, I guess, is the term and we’ll start playing that game if we need to but we’ll be prepared to be before you on February 2.”

The next meeting of the Board of Carbon County Commissioners will be at 9 a.m. on January 5 at the Carbon County Courthouse in Rawlins.