Public Utilities Commission approves Public Service transmission segment through Elbert County, orders $2.5 million payment

The Colorado Public Utilities Commission voted unanimously on April 6 to grant Public Service Company of Colorado authority to construct Segment 5 of the Power Pathways transmission project along its preferred route through Elbert County and ordered the company to make a payment representative of the county impact fee, cited in the record as $2.5 million, due no later than the start of construction.

Commission Chair Eric Blank opened the deliberation and commission counsel Lindy Dundis summarized the procedural history: the utility filed the application on Aug. 26, 2025 after Elbert County denied required 1041 and special-use permits; the commission had previously issued a CPCN for the broader project and held evidentiary hearings and public comment sessions that informed the record.

The commission evaluated the statutory preconditions and the nine balancing factors required under the relevant statutes. Counsel and staff recommended — and commissioners agreed — that the filing prerequisites were met, including that Public Service holds the necessary CPCN, a proper public comment hearing was held, and the utility demonstrated that the county denials would unreasonably impair its ability to provide safe, reliable, and economical service.

On the merits, staff and counsel told the commissioners the record shows a compelling system need for Segment 5, which completes a looped transmission configuration relied on for reliability and to integrate new generation from southeastern Colorado. Counsel also recommended that the preferred route is consistent with applicable local land-use plans when balanced against statewide needs and that an extensive, multi-year alternatives analysis eliminated practicable eastern-route options due to conservation easements, technical constraints, cost, and emergency-response access.

Commissioners repeatedly acknowledged the sincerity of local concerns. "I was very moved by the community engagement," Commissioner Plant said, noting lengthy public hearings and residents' strong engagement. Commissioners emphasized hopes that the company will improve outreach and treat landowners with "respect and generosity." Commissioner Gilman added that condemnation proceedings pursued before final approval felt "particularly aggressive" to some landowners, and urged better company-community coordination going forward.

The commission also addressed wildfire and safety concerns. Staff and CEO testimony recommended that the project would not exacerbate mapped natural-hazard risks when subject to the company's statewide and county-specific wildfire mitigation measures and that collocating the line with road corridors can improve emergency access. Commissioners asked the company to ensure adequate visualization from its monitoring system for local fire districts and to continue coordination to address any remaining resource gaps.

As conditions of approval, the commission directed the company to: make a payment representative of the county's impact-fee ordinance (the record cites a $2.5 million representative figure) due by the start of construction; honor commitments the company filed as hearing exhibit 121 (including road repair, revegetation of disturbed areas, submission of a construction safety and emergency action plan, pre-construction trainings with Big Sandy, Kya and Tri-County fire protection districts, and coordination with local offices of emergency management to provide access to camera data); and otherwise comply with the mitigation measures presented in the record.

The commissioners voted unanimously to approve the application; the written order will be issued in the coming days. The commission tentatively agreed to an internal deadline for a draft order and indicated the decision would be TBC for review before final issuance.

The commission's decision allows Segment 5 to proceed along the preferred route subject to the ordered conditions; it does not foreclose additional coordination or local mitigation as construction proceeds.