In a Thursday meeting of the State Board of Land Commissioners, Secretary of State Chuck Gray nearly voted against giving Tri-State Generation and Transmission permission to use a 298-foot access road in rural central Wyoming after voicing concerns about whether the company would use the road to advance any wind, solar or data center projects.
Tri-State is a wholesale power supplier serving eight electric cooperatives in Wyoming including High Plains Power, Carbon Power and Light and Big Horn Rural Electric Company.
Tri-State applied for a five-year, temporary-use permit for a 288-foot access road in remote Natrona County for $250 a year.
The elected officials on the State Board of Land Commissioners and the public have access to these applications at least a week before each meeting.
Gray announced at the Thursday meeting in Cheyenne that he would vote no on the permit because he didn’t know if the access road involved any data centers, wind or solar projects.
After a lively debate about supplying irrigation power to farmers, Gray reversed course and voted yes to approve the permit.
Tri-State told Cowboy State Daily after the meeting that its application isn't tied to any potential projects.
It was for access renewal into an existing Western Area Power Administration (WAPA) substation, where Tri-State keeps equipment for operational and grid reliability purposes, "that from time to time requires routine maintenance," the company said.
That substation also abuts one of Tri-State's own substations, serving High Plains Power, the company said.
'Futile Call To Essentially Stifle Capitalism'
Conversation at the Thursday meeting turned to Tri-State’s request for access via a 288-foot route.
Gray had asked administrative staff if applicants were associated with data centers, wind energy or solar projects. He told Cowboy State Daily on Thursday that that “blanket” inquiry was due to his concerns that board members don’t have enough information.
Office of State Lands and Investments Director Stacia Berry said she’d reviewed the list for temporary-use permits. None appeared to be associated in any way with those projects, except for one unknown, she said.
“The only one I’d note is (the Tri-State application),” said Berry. “This is an access road. I can’t guarantee what all is associated with that access road.”
Berry said the office tried to contact Tri-State, but the company had no notice its access road application would come up as a standalone topic at the meeting.
Gray asked to remove that application from the list.
State Auditor Krisi Racines granted his wish by moving the whole list without it.
“I’m going to vote no on this,” said Gray. “It might be fine. They (the office) reached out. They (Tri-State) didn’t respond. We don’t know.”
Gray said the board should “tighten things up here. I think it’s gotten too loose, and I’m going to be a no here.”
Gov. Mark Gordon noted that Tri-State is a significant power generator for multiple cooperatives that distribute power to Wyomingites.
Gray again said the board’s administrative office hadn’t heard back from Tri-State.
“I would just supplement that with, they’ve had about 35 minutes,” said Berry. “They didn’t anticipate needing to be present today.”
Treasurer Curt Meier issued a warning.
“Impeding, you know, generation and power to me seems like a futile call to essentially stifle capitalism,” said Meier. “We need power in this state for economic development. Tri-State supplies power to practically every irrigator and farmer in the state.”
Meier warned of denying Tri-State access to power facilities “in this extreme drought area.”
He shook his head.
“I’m really grasping the utility of continuing this dialogue,” he said.
Gray changed course, saying he would probably vote for the access route.
“But I just asked a simple question: is this tied to wind or solar. And we can’t get an answer,” he said. “I just think it’s really disturbing, to me.”
Meier countered.
“At no time I think in the last decade or even in the last 10 minutes have I heard that wind and solar is illegal,” said Meier. “And I think trying to manage our economy on political ideology instead of law is troubling to me.”
Gordon said he wanted to get back on track.
Superintendent of Public Instruction Megan Degenfelder called for the vote. When the other board members voted aye, Gordon turned to Gray and asked if he was choosing to abstain from the vote.
Gray gestured and said something the livestream audio didn’t capture clearly.
“He’s voting aye,” said Gordon.
'It Became Clearer'
Gray told Cowboy State Daily in his Thursday email that he changed course because Berry indicated the project was probably not linked to wind, solar or data center projects. He also said Gordon has a tendency to hide the nature of board matters, and that's an ongoing problem.
"The lack of information provided to Board members about these proposed projects has been deeply disturbing to me," said Gray. "That is why today I just asked in a blanket fashion whether any of the dozens of proposed Temporary Use permits for road access had any nexus to a wind, solar, or data center project.
"It was very concerning to me when the Director and the Governor appeared to not even know if any of the Temporary Use permits had anything to do with wind, solar, or data centers."
He said he ultimately voted for the access permit because Berry indicated it probably wasn't connected to wind, solar, or data center projects.
"Because it became clearer the easement had nothing to do with wind, solar, or data center with the Director’s modified comments, I decided to support it," he said.
The board's administrative arm, the Office of State Lands and Investments, noted Thursday that board members have a week to review materials before the meetings, and are given opportunities to ask questions of OSLI personnel.
Gordon emphasized that also.
In a response to Gray's comments, the governor added that Gray appeared unprepared and distracted by his phone in Thursday's meeting, falling short of what's expected of Wyoming elected officials.
"Mr. Gray continues to show his inability to understand the issues before him and to work well with his colleagues," said Gordon. "The Secretary is sounding like a jackass in a tin barn."
Earlier …
Earlier in that meeting, the discussion turned to a 2.46-acre, 39-year easement request for which Enbridge Solar offered to pay a $56,235 one-time fee.
Gray asked the board to remove Enbridge’s application from a bigger list of easement applications by various companies.
Gordon asked the board three times if anyone would support Gray’s amendment. Silence followed.
“Mr. Secretary, I’m sorry, that motion fails,” said Gordon.
Degenfelder urged thoughtfulness.
“I know discussion is on this Enbridge Solar, but I think we should be cognizant we’re talking about access only,” said Degenfelder. “So when we start prohibiting access, we get ourselves into trouble.”
Gray said he’d be voting no on the easements consent list.
“It’s just really unfortunate we weren’t able to have a discussion on the Enbridge Solar piece separately,” said Gray. “It’s linked to the data center south of town.”
Clair McFarland can be reached at clair@cowboystatedaily.com.
