5.a2 Staff Report-forest lake holdco solar garden
Staff Report
Date of Meeting: March 2, 2016
To: Planning Commission
From: Neil Soltis, Administrator
Re: Forest Lake Holdco solar farm
Issue
Xcel energy has a requirement that telemetry (remote meter readings) is required for solar farms to
provide real-time metering to the utility energy management system. The real-time metering is needed
to understand the load flows on the electric grid, to meet the requirements of the Midcontinent
Independent System Operator, Inc. (MISO) requirement that power supply and demand be balanced on
a 4-second basis, and to connect to the solar farm’s controls to ensure critical infrastructure protection.
The telemetry options provided by Xcel are: fiber optic (most reliable but $75-100k / mile to install),
leased analog line (being phased out by telecom companies), cellular communication (least reliable or
not available in emergencies), public internet, or radio communications.
Forest Lake Holdco, the applicant for the Scandia Community Solar Garden Conditional Use Permit, has
proposed establishing a radio connection to meet the Xcel telemetry requirement. Xcel’s requirement
is that there be a line-of-sight connection of less than 2.9 miles from Xcel’s substation. In order to meet
this requirement Forest Lake Holdco has estimated that a pole of up to 85’ will be required. Forest Lake
Holdco’s consulting engineer, WSB & Associates, describes this pole on page 2 of its January 28, 2016
memo to the City:
Our request is to allow for an antenna atop a wooden pole that is to be no higher than 85 feet.
The final height will be subject to radio frequency tests to connect the communications
equipment from the solar facility to Xcel Energy’s substation. The purpose of the pole is solely
for Xcel’s ability to shut down the solar facility in an emergency, to control power from flowing
back into the transmission system, and the maintenance and operations of the electrical
transmission distribution system.
This request raises the issue as to how the pole is considered under the City’s Development Code and as
to whether the pole should be treated as a Wireless Communication Tower (defined in Chapter 2,
Section 4.30), an Essential Service (defined in Chapter 1, Section 4.2(96)), an Essential Service –
Transmission Facility (defined in Chapter 1, Section 4.2(97)) or a part of the solar farm.
Definitions:
There is no definition of a Wireless Communication Antenna and tower in the Development
Code; however the text of the ordinance seems to refer to cellular communications, as the
“communication needs of residents and businesses” and “the number of towers needed to
serve the community” are prominently mentioned in the preamble of Chapter 2, Section 4.30 to
the Development Code.
Essential Services: Underground or overhead telephone, gas, electrical, steam, waster or water
transmission services, including necessary structures and accessories such as poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals,
hydrants, and other similar equipment. Essential Services shall not include Wireless
Communication Antennas or Wind Energy Conversion Systems. (Development Code, Chapter
1, Section 4.2(96)).
Essential Services-Transmission Facilities: a facility that transforms, converts, or switches
telephone, gas, electrical, steam, waste or water transmission services, such as electrical power
lines with a voltage of 35 kv or greater; utility substations; bulk gas or fuel being transferred
from station to station and not intended for en route consumption; or other similar equipment,
relate buildings, storage and accessories, including necessary structures and accessories for
electric substations, gas substations, and telephone switching and relay facilities. (Development
Code, Chapter 1, Section 4.2(97)).
Implications
Given these definitions, whether the use is classified as a “non-Essential Service,” or an “Essential
Service - Transmission Facility” is basically irrelevant, because both of those uses require a CUP.
Therefore, the question seems to be whether the project in any form may be considered to be a simple
"Essential Service," such that its use would be permitted within the AG C district.
Analysis
Wireless Communication Pole or Antenna - It is not apparent that the communication pole is a "Wireless
Communication Antenna." There seems to be a fairly solid argument that the "communication" from
this pole is internal to the solar farm and Xcel Energy, so it is nothing like a cell tower, which facilitates
communications from throughout the area. It is unfortunate the pole has to be so tall, but the Code at
this time places no obvious limits on height of an accessory structure that is necessary to an Essential
Service. This is perhaps because the “essential service” is so integral to the uses allowed under the
Development Code that the Code doesn't care how high this tower actually is.
Essential Service - If you take the definition of Essential Service it seems to incorporate a situation like
this, in which we have an "overhead" electrical transmission service, which includes necessary structures
and accessories such as poles and other similar equipment. It is clear from the definition that Essential
Services do not include Wireless Communication Antennas or Wind Energy Conversion Systems. As
stated above, the communication pole does not appear to fit the traditional description of a Wireless
Communication Antenna, so it is not automatically disqualified from the definition of Essential Service.
The applicant's engineer describes the communications pole as necessary to allow Xcel to undertake
certain actions to control the electrical transmission system, with some of the actions being needed in
case of emergency, which would make the pole essential to the operation of an overhead electrical
transmission service.
Essential Service – Transmission Facilities - If you cull out the references to other utilities from the
definition one could read the definition of “Essential Services - Transmission Facilities as follows: A
facility that switches electrical power lines from station to station and not intended for en route
consumption, or similar equipment and accessories, including necessary structures and accessories for
electric substations. Given Xcel’s evaluation of every telemetry option possible with all the reliability
criteria, long term service requirements including hardware and software considerations and Xcel’s
requirement to have 100% emergency control to trip the system off during the life of the solar garden,
the pole and equipment could be considered as a part of the transmission facility and therefore an
Essential Service, requiring a CUP in most of the City’s zoning districts.
Conclusion
After conferring with legal counsel we feel that the communications pole and associated equipment
proposed by Forest Lake Holdco should be treated as an “Essential Service - Transmission Facility” that
would require a conditional use permit. The language in the Development Code is imperfect and may
need to be revised with the advent of additional solar gardens (including the possible adoption of
development standards in the solar ordinance addressing communication poles servicing solar gardens)
but the function of the equipment to be placed at the site is to control / switch the transfer of electricity
from the solar panels to Xcel's power grid. Even if it could be argued that the communications pole and
associated equipment is not "switching equipment", it would fall into the category of "other similar
equipment, related buildings, storage and accessories, including necessary structures and accessories
for electric substations.” This conclusion is more advantageous to the City than a determination that
the communications pole is an “Essential Service,” which is allowed as a permitted use in the City’s
zoning districts. Since an Essential Service – Transmission Facility is only allowed via CUP, the City is able
to place reasonable conditions related to the pole which must be adhered to for the life of the project.
Update – March 2, 2016
Xcel Energy has provided some clarification on this issue.
1. Satellite telemetry is now an approved solution for Xcel to control the distribution to the
power grid.
2. Radio communication using a pole will only be required when the Xcel engineers determine
that “transfer trip” is necessary (this is necessary when Xcel has determined that an unsafe
condition will be created is the power is not taken off0line within the 2-second requirement of
that standards for connection to the power grid. This requirement will be infrequent. Xcel
has seen 3 instances in over 100 applications)
3. The communication cabinet and equipment (and pole and antenna if applicable) would be
owned by Xcel.
Xcel is currently evaluating and will continue to evaluate other options for controlling the distribution
of electricity generated into the power grid.