Two utilities that want to build a 150-mile power line across southern Colorado argued Monday against dismissal of their application over discussions the utilities had with state regulators and staff.
An attorney for billionaire hedge-fund manager Louis Bacon, who objects to the line’s proposed route over his ranch, told an administrative-law judge Monday that the application should be thrown out because utility officials violated state rules by meeting separately with the regulators who are considering the application.
“We believe we’re entitled to a level playing field and a decision by an impartial tribunal,” attorney Timothy Flanagan said.
Bacon, owner of the 171,000- acre Trinchera Ranch, has proposed a different route.
Attorneys for applicants Xcel Energy and Tri-State Generation and Transmission Association say allegations of improper contact with Public Utilities Commission members are unfounded and that Trinchera wants to divert attention from the merits of their project.
David McGann, an attorney for Xcel Energy, said the informational meetings between the utilities and commissioners are allowed under state law and rules.
The three-member commission may rule this week on dismissing the application.
