The statewide interest of providing reliable and economical electric service outweighs local land-use interests, the Colorado Public Utilities Commission decided in rejecting Elbert County’s denial of permits to Xcel Energy for a transmission line.
The PUC’s decision in favor of Xcel’s plan to build about 48 miles of lines and other equipment in the county as part of a $1.7 billion project cited a state law requiring that local and statewide interests be balanced.
The Elbert County Board of Commissioners unanimously rejected the permits in 2025 on grounds that Xcel’s application was incomplete and didn’t meet the county’s regulations. The commissioners and residents also wanted Xcel to build the transmission line farther east where they said it would disturb far fewer landowners, residents and wildlife.
Xcel, which said it evaluated 500 miles of routes in Elbert County, sued the county and asked the PUC to overturn the county’s action.
The PUC issued its decision on Elbert County last Monday and is expected to decide by April 29 whether to overturn El Paso County’s rejection of permits that Xcel needs to build a portion of its Colorado Power Pathway The project will include 550 miles of new double-circuit transmission lines spanning 12 counties, primarily on the Eastern Plains.
“This is not a great position to be in,” PUC Chairman Eric Blank, said of overturning Elbert County’s decision.
He said he was empathetic to concerns voiced in an hours-long meeting by the PUC in Kiowa in December that drew more than 200 people opposed to overturning Elbert County’s denial of the permits to Xcel. Blank added that “it certainly seems like there may be substantial room for improvement” in the company’s outreach to landowners, residents and local agencies.
“At same time, however, we clearly have an obligation to examine and balance the local concerns with the statewide need for the new transmission line,” Blank said. “Overall, I think the record evidence is clear that the state needs this specific transmission line to maintain reliability and resource adequacy in a timely and affordable way.”
The PUC gave the green light to the Colorado Power Pathway in 2022. The commission said then that the proposal came at a critical time as Xcel Energy works to transform its system “and the ways in which it reliably generates and delivers electricity for its customers.”
The project, being built in five segments, is seen as key to increasing renewable energy on the electric grid and improving the system’s resilience and reliability. Xcel, the state’s largest electricity provider, has obtained land-use permits from three of the six jurisdictions in the segment that includes Elbert County.
Construction is complete in two segments that run through Washington, Kit Carson and Cheyenne counties.
Elbert County can ask the PUC to reconsider its decision on the permits. The county’s staff and outside counsel are reviewing the decision and “will be better positioned to offer a response once a thorough review of the order is complete,” county spokeswoman Wendy Holmes said in an email.
Elbert County resident Kerry Jiblits and member of the , which opposes Xcel’s chosen transmission route, hopes the county commissioners keep fighting the plan.
“The fact that a board of people who have been appointed by one man can overturn a decision made by a group of commissioners who are elected by the citizens, I think that’s a travesty,” Jiblits said.
PUC board members are appointed by the governor and confirmed by the state Senate.
The county commissioners didn’t deny the need for the transmission project, Jiblits said. “They just wanted a say in where it went.”
The PUC decision on the Elbert County permits said Xcel Energy began outreach in March 2021 on the transmission line route, followed by 23 public meetings and an evaluation of more than 4,000 square miles to identify the route in the application submitted in 2024.
The route Xcel selected will have impacts on wildlife, forested areas, property values and people’s views, Jiblits said. The route will run along Colorado 86, the main highway in the county.
Jiblits pointed out that in March designated the highway’s path through the county as the Plains-to-
Pines Scenic Corridor, extolling its “unrivaled views of the east-facing Rocky Mountains range.”
The county commissioners urged Xcel to build the transmission line farther east where it is more sparsely populated and where the line would parallel existing transmission lines serving its Rush Creek Wind Project.
The county questioned why Xcel approached people about acquiring easements on their land before the county considered its application for permits. The commissioners said Xcel didn’t adequately address wildfire risks.
Xcel has acquired some of the land and has filed condemnation proceedings on other properties.
The utility argued that it shouldn’t have to pay Elbert County $2.5 million in fees for impacts from construction because the permits were denied. The PUC ordered Xcel to pay the fees before starting construction.
PUC board member Tom Plant said that the public meeting in Kiowa was critical to understanding the concerns about the development’s impacts.
“As this project goes forward, I do hope the company treats the community with the respect and the understanding that they deserve,” Plant said.
Updated April 20 at 11:05 a.m. to correct counties where transmission project is completed.
