State utility regulators have overruled local land use decisions and cleared the way for Xcel Energy to build its $1.7 billion Power Pathway transmission line through Elbert County. The line will bring Eastern Plains wind and solar to the Front Range.
The Elbert County Commission voted in June 2025 to deny Xcel Energy two key permits responding to protests by landowners and ranchers and an unwillingness by the utility to reroute the path, which cut through the heart of the county.
The county commission and many landowners sought to have the route moved farther east where it would not have as big an impact on residents and the county viewshed, but the PUC ruled that state energy needs supercede local concerns.
The county commissioners were also vexed that Xcel Energy had begun condemnation proceedings against residents before it had obtained permits. The company needed rights-of-way on 48 properties, but had only managed to get agreements on 27.
Neighboring El Paso County’s commission also voted to deny Xcel Energy approvals to build the Power Pathway on the company’s planned route. Neither Elbert nor El Paso counties are served by Xcel Energy.
Xcel Energy sued both counties in their respective district courts and last October also went to the Colorado Public Utilities Commission seeking to employ a little-used statute to override the decisions by Elbert and El Paso counties.
The PUC was seen as a quicker route since there are statutory deadlines for filings and decisions with a ruling required within 250 days.
The statute Xcel Energy cited gives the PUC so-called backstop siting authority to overrule local land use decisions on electric power and gas infrastructure projects. It has been used three times in the past 21 years.
The Colorado Energy Office and the commission’s staff both supported Xcel Energy’s request.
At an April 10 hearing to rule on the case, Lindsey Dundas, an assistant attorney general representing the PUC, told commissioners that while there is a balance between state and local decision-making, “the commission authority prevails where local decisions conflict with statewide energy needs.”
The route of the Power Pathway
The 550-mile Power Pathway will create a big belt from Longmont down across the Eastern Plains, then west to Pueblo and north to just south of Denver with the aim of bringing power to population centers from large-scale wind and solar projects, with some already underway.
The 345-kilovolt line is being built in five segments. Two are completed and two are under construction. The commission voted 3-0 to override the Elbert County permit denials and allow Segment 5 to be built. The El Paso County case is still pending.
Commissioner Tom Plant said he sympathized with the frustration of Xcel Energy going after land condemnation even before it had local approvals. He called it “disrespectful to the people of the community.”
Still, Plant said the commission is working within “a very limited set of legal determinations. … I hope going forward the company treats the community with the respect they deserve.”
The commission did say in its ruling that Xcel Energy should pay an impact fee, estimated at $2.5 million to the county — a fee similar to what would be required under country permits. “This is a major development and major developments have impacts,” Plant said.
In a statement Elbert County said, “until the County receives a final written order from the PUC, we are reluctant to provide comment as we cannot be certain nor confident about the exact conditions Xcel Energy is expected to meet, nor will we be in a position to fully evaluate the County’s next steps.”
Xcel Energy said in a statement it is also waiting to review the written order and said the project “is critical to delivering long‑term benefits for Colorado,” including expanded grid reliability and opportunities for clean energy development.
The start of construction on Segment 5 will depend on the final resolution of all remaining permits, the company said.