Article 2. Permit Application and Procedure

5.201.   Application Submission Requirements

In addition to the materials listed at Section 2.303, all applications to locate or construct a major facility of a public utility shall be accompanied by the following information, in the number required by the Director:

(1)

Vicinity map showing the proposed site and the surrounding area. The Project area to be shown shall be defined as follows:

(a)

If a power plant is proposed, the area within fifty (50) miles radius from the site;

(b)

If new transmission lines or pipelines are proposed, provide a map showing all existing transmission lines and pipelines for a distance of two (2) miles radius beyond any reasonable alternative studied.

(c)

For upgrades of existing transmission lines or gas pipelines, a map showing all existing transmission lines and pipelines within one (1) mile on either side of the proposed alignment.

(d)

For all other major facilities of a public utility, the area within ten (10) miles radius of the site if another major facility is proposed.

(2)

Type of facility - specify where applicable:

(a)

The voltages and lengths of transmission lines.

(b)

Type of poles used, with graphic depictions.

(c)

Power source and generating capacity.

(d)

The functions and sizes of substations.

(e)

The diameters and lengths of pipelines.

(f)

The capacities of the storage tanks and types of petroleum derivative to be stored.

(g)

Corridor locations and dimensions.

(h)

Service area.

(3)

Resource area (e.g., source of power being generated or transmitted, source of petroleum derivative being transported).

(4)

Projected development schedule.

(a)

Specify timetable for planning (e.g., federal permits, other State permits, local zoning, etc.).

(b)

Estimate beginning and completion of construction and beginning of operation of facility.

(5)

Hazards and emergency procedures:

(a)

Describe hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general public.

(b)

Describe hazards, if any, of environmental damage and contamination due to solid waste, hazardous waste, petroleum products, hazardous, toxic, and explosive substances or materials used at, or activities taking place at, the proposed facility.

(c)

Describe emergency procedures to be used in the event of fire, explosion or other event which may endanger the public health, safety and welfare.

(6)

The applicant shall supply an analysis of non-structural alternatives to the Project, such as conservation of energy use, no development or management (different scheduling, conservation programs, facility design, land trades etc.), if applicable.

(7)

The applicant shall supply an analysis of structural alternatives to the Project, such as alternate locations and routes, alternative types of facilities, use of existing rights-of-way, and joint use of rights-of-way with other utilities and upgrading of existing facilities.

(8)

Detailed description of the need for the proposed development or activity, including but not limited to:

(a)

The present population of the area to be served and the total population to be served when the project is operating at full capacity.

(b)

The predominant type of users or communities to be served by the proposal.

(c)

The percentage of the design capacity at which the current system is now operating.

(d)

If the proposal is for construction of a new facility and the capacity of that facility exceeds a ten-year projected increase in demand, a detailed explanation of the excess service capacity and the cost of the excess capacity.

(e)

The relationship of the proposal to the applicant's long-range planning and capital improvement programs.

(f)

A description of the user needs and user patterns to be fulfilled by the proposed Project.

(g)

A description of the relationship of the Project to other existing and planned utility facilities of a similar nature, other communication or energy generation and transmission facilities, local government capital improvement programs and special district expansion programs.

(9)

Environmental impact analysis.

(a)

Land use:

(i)

Specify how the proposed development will utilize existing easements or rights-of-way for any associated distribution or collector networks.

(b)

Information regarding other utility facilities:

(i)

A map showing each existing major facility of a public utility within the County of the type proposed for development.

(ii)

The design capacity of each such facility, the excess capacity of each such facility and the percentage of capacity at which each such facility operates.

(iii)

Whether present facilities can be upgraded to adequately accommodate a ten-year projected increase in demand for services to be offered by the proposed project.

(10)

Applicants seeking a permit for the site selection and construction of a power plant shall submit, in addition to those requirements set forth above, a map locating and describing resource areas to be utilized as sources of energy.

(11)

Applicants seeking a permit for the site selection and construction of transmission lines or substations shall submit the following additional documents and information:

(a)

Computer modeled electromagnetic field measurement within the proposed transmission line easement for that portion of the transmission line between substations or transition sites; and

(b)

Measures taken to comply with the concept of prudent avoidance with respect to planning, siting, construction and operation of transmission lines, which may be those steps taken to comply with CCR 723-3 Section 3206(9)(b) or similar authority, for projects where other similar authority is applicable.

5.202.   Review Criteria

A permit to conduct site selection and construction of a major facility of a public utility shall be approved if the Permit Authority, or in the case of an Administratively Approved Permit, the Director finds the application complies with the following criteria and the relevant criteria at Section 2.405. If the Permit Authority finds the application does not comply, the application shall be denied or may be approved with conditions.

(1)

All reasonable alternatives to the proposed action, including use of existing rights-of-way and joint use of rights-of-way wherever uses are compatible, have been adequately assessed and the proposed action represents the best interests of the people of this County and presents the best utilization of resources in the impact area.

(2)

A satisfactory program to mitigate and minimize adverse impacts has been presented.

(3)

Unless approval has been granted pursuant to the El Paso County Engineering Criteria Manual at Chapter 4 and Sections 5.3 and 5.5 no electric transmission line or pipeline shall be constructed, located, relocated, reconstructed, enlarged or upgraded within 105 feet of the centerline of any County road with a current or proposed classification as arterial or expressway, as set forth in the El Paso County Major Transportation Corridors Plan and in the El Paso County Engineering Criteria Manual, except to cross such road at or near a perpendicular angle or to provide service to an individual utility customer.

(4)

Electric transmission lines and pipelines shall be located so as to discourage traffic congestion, incompatible uses, and expansion of the demand for government services beyond the reasonable capacity of the community or region, and to avoid unreasonable or burdensome expenditure of public resources.

(5)

Major facilities of a public utility shall be administered so as to minimize disruption of the service provided by the utility and preserve desirable existing community patterns.