BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO

PROCEEDING NO. 16A-0117E

________________________________________________________________________
IN THE MATTER OF THE APPLICATION OF PUBLIC SERVICE COMPANY OF
COLORADO FOR APPROVAL OF THE 600MW RUSH CREEK WIND PROJECT
PURSUANT TO RULE 3660(h), A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR THE RUSH CREEK WIND FARM, AND A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY FOR THE 345 KV RUSH CREEK TO
MISSILE SITE GENERATION TIE TRANSMISSION LINE AND ASSOCIATED
FINDINGS OF NOISE AND MAGNETIC FIELD REASONABLENESS.
________________________________________________________________________
TESTIMONY OF PETER RESHETNIAK
IN THE MATTER OF THE APPLICATION FOR OWNERSHIP AND
OPERATION OF THE RUSH CREEK WIND PROJECT BY PUBLIC SERVICE
OF COLORADO

Q:

Please state your name and the nature of your testimony:

A:

My name is Peter Reshetniak and I am testifying in behalf of the

Ratepayers Coalition.
Q:

Will you provide a summary of your credentials?

A:

Yes, I am Executive Director of the Raptor Education Foundation. My

resume is attached.
Q:

Please summarize the nature of your testimony:

A:

I am providing this testimony on behalf of the Ratepayers Coalition of

Colorado. The purpose of my testimony is to highlight unanswered questions about the

impact of this project on wildlife, particularly sensitive species of birds, including

raptors, and bats. They questions are unanswered because they are not even raised or
considered in Public Service Companys application.
Q:

Please provide your observations about the application before the

Commission:
A:

My understanding is that state law requires Public Service company or any

other applicant to discuss environmental impacts of a proposed project. The application

fails completely to do this. It is silent on wildlife impact.

Q:

What kind of impact are you referring to?

A:

The multi-county area of the proposed project, in eastern Colorado, is host

to a nationally unique collection of migrating raptors, from Bald Eagles and Golden
Eagles, to a large variety of threatened species and species of special concern, and other
migrating raptors. There are few places in the continental United States that rival it for a
diverse assortment of species of interest. Federal law protects these magnificent animals,
with such statutes as the Migratory Bird Treaty Act, the Bald and Golden Eagle
Protection Act, the Endangered Species Act, and the National Environmental Protection
Act.
Q:

So, what kind of species are threatened by the proposed project?

A:

Well, that is the problem. There is no adequate inventory of the birds and

bats that will be affected by the project. No such study has been done. To my knowledge,
the issue has not even been considered. There is no evidence of that in the Application.
.

Q:
A:

What is the threat to wildlife posed by this project?

The threat is twofold. Windmills are well known to be lethal to large

numbers of birds. The spinning blades kill so many animals that the federal government
requires windmill operators to apply for a kill, or take permit to operate outside the
normal confines of federal law. Also, the construction of this massive project, with roads,
wires, digging, and construction, will produce immeasurable impact on sensitive wildlife.

The facilities have not been sited yet. With no survey or understanding of
sensitive habitats or flight patterns, there is no way to proceed in a reasonable manner
calculated to minimize environmental impact. This project is a disaster in the making for
wildlife, and the danger could be avoided with reasonable consideration.