April 13, 2023 |
Photo – Map of Pacificorp Gateway West Transmission Project – Courtesy Pacificorp
Construction of a high-power electrical line through the northern end of Carbon County has stalled because of incomplete paperwork.
Pacificorp, the largest power grid operator in the West, is constructing new electrical transmission lines through Wyoming. The Gateway West Transmission Project calls for 20-miles of power lines to be built in Carbon County. Along with new lines, Pacificorp is upgrading the electrical substation in the Shirley Basin.
In February of 2021, the Board of Carbon County Commissioners granted Pacificorp a conditional use permit for the project. Planning Director Sarah Brugger said the permit had a two-year expiration date.
The conditional use permit required Pacificorp to begin any actual building construction in Carbon County within a two-year time limit. Brugger said she received building permit requests from other construction companies, but nothing from Pacificorp. The permit expired on February 22nd, 2023.
Brugger said the deadline associated with the project could have been extended at the commissioner’s discretion, but an extension request needed to be submitted 90 days before the permit ended. No extension request was filed by Pacificorp. Brugger said County Attorney Ashley Davis told the company their permit was overdue. Only then, Brugger said, did Pacificorp ask for an extension.
Brugger said the county has never granted an extension after a permit has expired. Pacificorp Director of Project Delivery Brandon Smith said he knew about the expiration date. While no physical construction has begun in Carbon County, Smith said his company has done surveys and other engineering work. He said he assumed the terms of the conditional use permit were satisfied.
Smith said his company is engaged in construction north of Carbon County. He said with a renewed conditional use permit, construction could begin here in about a month. Commissioner John Johnson said the county is unable to grant an extension on a permit that no longer exists.
The county would need to amend its policies to allow for an extension after the fact, a process that would take several months. Commissioner Johnson said without an amended zoning policy, the county is unable to legally lengthen the time limit on the permit. Attorney Davis agreed.
The conditional use permit for the Gateway West transmission line through Carbon County states physical construction must begin within two years of issuance. Smith reiterated that he thought the preliminary survey work done in the county fulfilled the stipulations.
Commissioner Johnson asked the Planning Director to read the conditional use permit policy. Brugger read from section 7.7-H of the county’s zoning policy which governs the expiration of conditional use permits.
Brugger said the issuance of a building permit is the only real way her staff has of tracking the progress of a conditional use permit. Commissioner Johnson said he understands a power transmission line requires permitting in multiple counties. He said he is sympathetic to Pacificorp’s issue, but he doesn’t think more discussion will change the fact that the permit has already expired.
Brugger said she didn’t notice the permit had expired until early March. Attorney Davis brought it to Pacificorp’s attention, and the company requested an extension on March 31st. Smith took responsibility for being a month and a half late. He said he could have done a better job of informing the county of what his company was working on.
The commissioners agreed that the conditional use permit had expired. Therefore, they are unable to grant an extension. The only way forward would be for Pacificorp to reapply for a new conditional use permit and go through the entire process again. Brugger said a new permit could take up to six months.
The best-case scenario would be 3 months. However, Brugger said she cannot guarantee a specific timeframe. She said it depends on when the application is received and how long it takes to review. Any errors on the application would delay the process. Public hearings would need to be scheduled as required by the county’s zoning resolution. Commissioner John Espy said Pacificorp should be able to simply copy and paste its previous application. Commissioner Johnson said that it should save time.
Brugger said the application must be advertised in local newspapers for 30 days before a public hearing can be held. Afterwards, another two weeks of advertising must be done before the matter could be taken up with the county’s planning and zoning commission. Brugger said June would be the earliest the planning commission could visit the permit request. Assuming the request was accepted, the matter would have to be voted on during the next Board of Carbon County Commissioners meeting.
Commission Chairwoman Sue Jones said the rules must be enforced consistently and equally among the various construction companies that do business in the county. She said Pacificorp has not met the requirements of the conditional use permit and must begin the process again.
The commissioners were apologetic, but said the rules needed to be followed. They concluded that Pacificorp did not satisfy the conditions of the original permit and must reapply.
