Regulators greenlight power plant near Gila Bend first approved in 2001. Critics say that's a problem

The Arizona Corporation Commission paved the way for the construction of a new gas power plant near Gila Bend two decades after regulators first approved the project, drawing criticism from opponents who say the public hasn’t had a fair chance to weigh in on the plans in over 20 years.

According to Corporation Commission records, Gila Bend Power Partners is planning to build an 845 megawatt gas power plant and transmission lines. Maricopa County property records show the business owns around 600 acres of mostly vacant land 6 miles northwest of the town center.

Regulators first approved the project back in 2001, but Gila Bend Power Partners has yet to actually build the plant. The initial approval only lasted five years, but the commission approved extensions in 2006, 2011 and 2018 — with the most recent extension expiring on Feb. 7.

Court Rich, an attorney for Gila Bend Power Partners, filed a request asking the commission to again extend the deadline, but he indicated that the company does plan to finally build the plant.

“As discussed in previous filings in this docket, prior market conditions caused delays in the development of the Project,” Rich wrote in a Feb. 7 filing. “However, at this time, favorable market conditions exist for the new generation and transmission the Project will provide.”

He cited record-breaking energy demand in Arizona as a factor in the decision.

24 years later

At its open meeting on Wednesday, the commission included the Gila Bend vote on its consent agenda, a space typically reserved for non-controversial actions. Consent agenda votes include no public comment and no discussion by commissioners.

Emily Doerfler, an attorney for environmental group Western Resource Advocates, asked the commission to pull the item off of the consent agenda.

Western Resources Advocates ultimately wanted the commission to consider requiring Gila Bend Power Partners to obtain a new Certificate of Environmental Compatibility, a document authorizing a company to construct a power plant that was first issued to the project back in 2001.

Restarting that process would include mandatory public notices, which could include mailers and posting in local newspapers, Doerfler said.

But Commission Chairman Kevin Thompson denied Doerfler’s request. And the Commission approved the extension request and other consent items on a 5-0 vote, giving Gila Bend Power Partners until 2032 to construct the power plant.

Public comment

The Corporation Commission’s Power Plant and Transmission Line Siting Committee last held public meetings about the project in 2001 before it approved the initial certificate.

“Think about what the world was like in 2001 and think about what the world is like today,” Doerfler said.

She said some residents probably were not living in the area back then, and that environmental concerns have changed over the past two decades.

Doerfler said there are specific concerns about the type of gas plant the Gila Bend group wants to build.

“Combined cycle plants aren't really even being built today because of how inefficient, heavily polluting and expensive they are,” Doerfler said. “And so it's kind of a fossil a little bit, but it's been approved and it's going to get built and the local community didn't have a chance to get their say in the matter.”

Rich, an attorney for Gila Bend Power Partners, declined to comment.

Thompson, the Corporation Commission chairman, said he believes there will still be an opportunity for the public to weigh in on the matter.

“It'll be upon the developer to go out and talk to the community to let them know as well as any of the utilities,” Thompson said. “So the IPP developer or whoever's developing it will need to make sure that they're talking to the community and informing them of what's happening, and that way everybody has an opportunity and it's very transparent.”

Thompson said he will work with commission staff and the Line Siting Committee to make sure outreach occurs.

“They will certainly get their hands on it, I'm sure, and that's part of the process — is making sure that there's been community outreach,” he said.

But it’s unclear if the project will actually come back to the committee, which is charged with reviewing applications to build power plants that are 100MW or larger and issuing initial approval for certificates of environmental compatibility.

That’s because the committee already approved the project back in 2001 before the commission voted to authorize the certificate, and the commission vote this week extended that authorization through 2032.

There may be other opportunities for public comment, though.

According to property records, the land owned by Gila Bend Power Partners is currently zoned for commercial and residential uses, meaning the company may have to ask the Gila Bend Town Council to rezone the land before it can build the power plant.