Judge upholds Henderson’s vote against NV Energy project

By Erin Dostal

Thursday, May 27, 2010 | 6:47 p.m.

A Clark County District Court judge has upheld a decision by the Henderson City Council to deny NV Energy a conditional use permit to upgrade power lines through a rural Henderson community.

Judge Susan Johnson ruled in favor of the city during a 9 a.m. hearing on Thursday.

A written court decision explaining her position was unavailable Thursday afternoon.

Last summer, residents from Henderson’s Tuscany and Section 4 communities spoke out against NV Energy’s plan during council meetings. Many residents argued the power lines would hurt property values and ruin their designated rural community.

“Our city council appropriately represented our homeowners’ interests in the case,” said Kathleen Richards, a city spokeswoman. “Everyone is happy that District Court help up the interest of those homeowners.”

Council member Kathleen Boutin, whose ward includes Tuscany and Section 4, said she was pleased with the ruling.

“When it came down to it, I voted in favor of the residents,” she said of the council’s decision last summer to deny NV Energy the conditional use permit.

On Aug. 27, 2009, NV Energy filed a petition in Clark County District Court asking a judge to overturn the council’s decision.

The city argued that the residents’ quality of life would be impacted by the power lines. But NV Energy said in its filing that quality of life “is not a criteria under the ordinance, and is otherwise so vague and ambiguous as to be insufficient as a standard.”

Last summer, NV Energy had already applied for the permits to upgrade the existing line that had been in place since the 1930s. They said the upgrade would be necessary to meet the valley’s energy needs.

“This proposed route is along a 70-year-old existing transmission line,” said NV Energy spokesman Mark Severts. “That would be the least impactful to both the land owners in Henderson and the lowest-cost option to meet the future electricity needs of our customers.”

About six of the 10 miles of existing line ran through Henderson, Severts said.

The line upgrade proposed by NV Energy would cost about $27 million. At the request of the planning commission, the company presented five alternative options.

The city liked the most expensive option, which would cost $19.5 more than the originally proposed upgrades.

Severts said NV Energy was disappointed by Johnson’s decision and it was too early to say if NV Energy will appeal.