Power company failed to prove it could mitigate negative impacts of proposed project, according to commissioners

The Tooele County Planning Commission has denied Rocky Mountain Power’s application for a conditional use permit for a high-voltage transmission line proposed to go through Tooele County. The unanimous decision was made to a standing ovation after a packed public meeting that lasted more than four hours at the county building last night.

The permit was being sought for the Mona-to-Oquirrh Transmission Corridor Project, which would run a transmission line from Mona in Juab County through Tooele County into Tooele Valley and on to the Oquirrh Substation in Salt Lake County.

Last night’s meeting was the second round of public hearings on the company’s conditional use permit application. A vote on the CUP was tabled by the planning commission in February after commissioners decided they needed more time to review the information and cited unanswered questions regarding anticipated negative impacts of the project.

At Wednesday’s meeting, Planning Commissioner David Gibby said, “We came here to look at the CUP and whether we could approve, table or deny a CUP based on the mitigation provided for the issues that were raised. At this point in time, I do not believe we’ve provided adequate mitigation.”

Tooele County Planner Kerry Beutler said while the county tries to work with applicants, and worked with Rocky Mountain Power regarding mitigation measures for impacts of the project, the applicant has a responsibility to address all of the issues and help provide mitigation.

Planning Commissioner Joy Clegg made the motion to deny the CUP based upon the commission’s findings that RMP had failed to meet its burden of proof in showing mitigation in various areas.

“The areas in which mitigation was not shown or was insufficiently shown include wildlife, disturbance of the International Smelter’s Superfund site, Settlement Canyon Reservoir use, preservation of viewsheds, potential contamination of watershed and springs, Tooele High School’s ‘T’ for visual and safety reasons, health risks associated with high-power transmission lines and potential loss in property value,” she said, adding additional grounds for denial included an incomplete final EIS, lack of a Record of Decision and that the county has not seen a final Plan of Development, which essentially is a construction plan.

Planning Commissioner Bill Hogan said while it’s evident power is needed, the route Rocky Mountain Power chose on the southeast benches of Tooele doesn’t make sense.

“I think Rocky Mountain Power would have been able to pull this off if they hadn’t tried to go through our most pristine part of our huge county,” Hogan said. “Look at our big county. We have one viewshed that’s probably the best in the whole county and that’s where they want to go. It’s like New York City and they want to put it right through Central Park, or right through Olympus Cove on the east side of Salt Lake. I just don’t see any way that we can mitigate the viewshed.”

Clegg said the health concerns associated with electric and magnetic fields are a huge concern.

“The fact is that we have conflicting expert evidence, but everyone agrees that it’s [EMFs] a class 2B carcinogen, which is nasty stuff and no one wants it,” she said. “And there is no way, nor has an attempt been made, to mitigate that. I don’t think it’s really humanly possible to mitigate that.”

Gibby believes it is premature to proceed with an action on the CUP when the final environmental impact statement has not been finalized.

“We are essentially writing a blank check if you just say, ‘We’ll just abide by everything in the final EIS. We need to see that finalized to see how it is going to impact us.”

Kaye Pratt, chairwoman of the Tooele Concerned Citizens Group, said she was thrilled with the planning commission’s decision to deny the CUP.

“We’ve had enough reasons to not allow this route,” she said, adding Nicole Cline, Tooele County economic development director, who presented at the meeting, was right that power could help employment. “But it belongs in an industrial area. We want it away from people and we don’t want anybody hurt by it.”

But she added the fight isn’t over yet.

Beutler said typically a conditional use permit gets appealed to the county commission.

“In this instance, though, we have the Utility Facility Review Board,” Beutler said. “In state statute it says if a municipality or local jurisdiction fails to render a permit, Rocky Mountain Power has the ability and option to send it over to them for a potential decision.”

The Utah Facility Review Board is made up of three members of the Public Service Commission, an individual representing the Utah League of Cities and Towns, and a member nominated by the Utah Association of Counties. Stansbury Park resident and former state Sen. Ron Allen sits on that board.

Rocky Mountain Power spokeswoman Margaret Oler said the company has clearly demonstrated the need for the power line to serve the increasing needs of its customers.

“The fact is the project must be built in a prudent manner to provide safe and reliable and adequate electricity for customers, including those in Tooele County,” she said. “Last month the county planning commission tabled the application for the conditional use permit, raising a number of concerns. The company provided ample evidence to the county answering each of those concerns. With the vote last night to deny that, the county planning commission rejected this evidence without cause.”

She added today Rocky Mountain Power will file a notice of appeal to the Tooele County Commission, which will consider the appeal on March 16. If they deny the appeal, Oler said the company will take the issue to the Utah Facility Review Board for resolution.

Sarah Miley: swest@tooeletranscript.com