SunZia transmission line hits potential snag at PRC
Hearing examiner wants more details, opposes permit, for now
The SunZia Southwest Transmission Project’s long path to commercial operation has hit another snag, after a hearing examiner recommended the state Public Regulation Commission reject a location permit to lay about 320 miles of transmission line in New Mexico.
The project, which would construct two high-voltage lines running 520 miles from central New Mexico to Arizona to carry wind-generated electricity to Western markets, needs PRC approval for the exact locations where the towers and lines would be placed, and for rights of way around the lines.
PRC examiner Ashley
Schannauer held a week of public hearings in mid-June on the permit application, during which private landowners, wildlife conservation groups and Socorro County officials testified against the project.
Those groups fear SunZia’s potentially far-reaching impact on rangeland and ranches, diverse native vegetation, cultural sites and wetlands that support thousands of migratory birds that forage and roost along the central Rio Grande where the transmission line would cross the river.
In his recommendation, Schannauer said SunZia developers didn’t provide enough information on the specific locations where the transmission lines will be laid, without which it’s difficult for the commission to address opponents’ concerns. In part, that’s because SunZia wants to retain a 1,000-foot corridor around the lines so developers can alter their locations if necessary during construction.
As a result, Schannauer recommended approving the developers’ request for 200-foot rights of way around each line, but said they should reapply for location permits when they have more precise information to offer.
“Valid issues have been identified in the hearing process that have not been resolved,” Schannauer wrote. “The most significant is that a sufficiently defined route has not been determined.”
The five-member PRC must still rule on SunZia’s application, and it could accept or reject Schannauer’s recommendations. Commissioners will likely review the case for a final decision in a public meeting in September.
“The hearing examiner’s recommended decision denied the location permits, but it did so without any prejudice,” said SunZia Project manager Tom Wray. “It means the commission may expect SunZia to provide more information, although we feel our application exceeded the submissions made by others in past cases for location permits.”
Meanwhile, SunZia still has applications pending for licenses and approvals with other state and federal entities, which Schannauer said complicates the PRC’s ability even more to evaluate environmental concerns.
The project already has right of way permits from the U.S. Bureau of Land Management for crossing federal lands in New Mexico and Arizona, but the agency now requires comprehensive mitigation plans, including aviation protection and migratory bird conservation, before it allows SunZia to proceed with construction.
In addition, developers still need rights of way from the State Land Office and the Middle Rio Grande Conservancy District, plus a water quality permit from the Army Corps of Engineers, given the many streams and jurisdictional waterways the transmission line would cross.
“The lack of a finally defined route and approved environmental mitigation plans make the commission’s balancing of interests impossible at this time,” Schannauer wrote. “The Hearing Examiner therefore recommends that the request for location approval be denied without prejudice to SunZia’s right to refile at a future time.”
If the five commissioners do accept Schannauer’s recommendations, it may be just a temporary setback for SunZia. The developers would continue to pursue the other state and federal permits, and then return to the PRC with more detailed information.
The PRC process marks one of the last major hurdles for SunZia, a $2 billion project that’s been under regulatory review since 2008, when developers first applied for BLM approval. The BLM process was highly contentious, largely because of U.S. Department of Defense opposition to parts of the transmission lines crossing through White Sands Missile Range’s northern “call-up zone.” In the end, SunZia agreed to bury five miles of lines in that area to avoid any interference with defense operations.
Now, wildlife and wetlands conservation groups want SunZia’s planned Rio Grande crossing near Escondido buried as well to minimize environmental impacts. The crossing would run in between three wildlife sanctuaries north and south of Escondida.
“We were thrilled that the hearing examiner heard many of the concerns we raised,” said Cecilia Rosacker, executive director of the Rio Grande Agricultural Land Trust. “But we won’t let up. The commissioners must still make a decision, and SunZia can come back and file a new application.”
Socorro County Commissioner Martha Salas said ranchers and county residents are watching closely.
“It felt like David and Goliath going into the hearing,” Salas said. “At least we were able to delay the process.”
For Gran Quivira Ranch coowner Robin Dunn, a PRC case intervenor, Schannauer’s recommendations could produce a lot more needed details about SunZia.
“There’s still so much missing information,” Dunn said. “We need to be very clear about everything to make good decisions, and this could help us get what we need.”