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PUC DOCKET NO. 48625 SOAH DOCKET NO. 473-19-1445
JOINT APPLICATION OF SHARYLAND UTILITIES, L.P. AND THE CITY OF LUBBOCK, ACTING BY AND THROUGH LUBBOCK POWER & LIGHT, FOR A CERTIFICATE OF CONVENIENCE AND NECESSITY FOR THE OGALLALA TO ABERNATHY 345-KV TRANSMISSION LINE IN CASTRO, HALE, AND SWISHER COUNTIES
PUBLIC UTILITY COMMISSION
OF TEXAS
ORDER
This Order addresses the joint application of Oncor Electric Delivery Company
LLC(Oncor), as successor in interest to Sharyland Utilities, L.P., and the City of Lubbock, acting
by and through Lubbock Power & Light (LP&L), to amend Oncor's certificate of convenience and
necessity (CCN) for the Ogallala-to-Abernathy 345-kilovolt (kV) transmission line in Castro,
Hale, and Swisher counties. The joint applicants filed an unopposed agreement that resolves
certain issues between the parties to this proceeding. The Commission amends Oncor's CCN
number 30158 to the extent provided by this Order.
I. Findings of Fact
The Commission makes the following findings of fact.
Applicants
1. At the time the application was filed, Sharyland was an investor-owned electric utility
providing service under CCN numbers 30026, 30114, 30191, and 30192. During this
proceeding, Sharyland changed its corporate form to Sharyland Utilities, L.L.C. and now
provides service under CCN number 30192 alone.
2. The City of Lubbock is a municipality located in Lubbock County.
3. The City of Lubbock operates facilities and equipment to generate, transmit, distribute, and
sell electricity through a department of the city known as LP&L.
4. LP&L is authorized to provide electric service to the public under CCN number 30111.
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5. Oncor is an investor-owned utility authorized to provide service to the public under CCN
number 30158.
Transactions Approved in Docket No. 48929
6. Oncor, Sharyland, and Sempra Energy filed an application for regulatory approvals under
PURA' §§ 14.101, 37.154, 39.262, and 39.915 in Docket No. 48929.2
7. On May 9, 2019, the Commission approved the application in Docket No. 48929, as
modified by a revised agreement. The series of transactions approved by the Commission
in that docket subsequently closed.
8. As a result of the transactions approved in Docket No. 48929, Oncor Electric Delivery
Company NTU LLC (the North Texas Utility)—an indirect, wholly owned subsidiary of
Oncor—owns the existing Ogallala and Abernathy stations and provides service to the
public from those facilities under CCN No. 30198.
Delegation of Authority
9. In an agreement filed by Oncor on September 5, 2019, the North Texas Utility delegated
all of its rights to build, own, and operate the transmission facilities proposed in this docket
to Oncor.
Application
10. On September 6, 2018, Sharyland and LP&L filed a joint application with the Commission
for a CCN to build a new, single-circuit 345-kV transmission line on double-circuit-capable
structures in Castro, Hale, and Swisher counties.
11. Sharyland and LP&L retained POWER Engineers, Inc. to prepare an environmental
assessment and routing analysis, which was included as part of the application.
12. In Order No. 4 issued October 5, 2018, the Commission ALJ deemed the application
sufficient and complete.
Public Utility Regulatory Act, Tex. Util. Code §§ 11.001-66.016.
2 Joint Report and Application of Oncor Electric Delivery Company LLC, Shatyland Distribution & Transmission Services, L.L.C., Sharyland Utilities, L.P., and Sempra Energy for Regulatory Approvals Under PURA §,sc 14. 101, 37.154, 39.262, and 39.915, Docket No. 48929, Order (May 9, 2019).
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13. On March 18, 2019, Sharyland and LP&L filed errata to the joint application.
14. On April 29, 2019, Sharyland and LP&L re-filed the joint application and incorporated the
previously filed errata to the application.
Description of the Transmission Facilities
15. The 345-kV transmission line proposed in the joint application is 55.8 to 65.6 miles in
length, depending on the route selected.
16. The transmission line will be constructed primarily on double-circuit-capable 345-kV
tangent monopoles, though lattice towers may be used for certain long spans and angles,
extending from the North Texas Utility's existing Ogallala station in Castro County to the
North Texas Utility's existing Abernathy station in Hale County.
17. The transmission facilities proposed in this docket include not only the transmission line
but also station work at the Ogallala and Abernathy stations, including work necessary to
terminate the proposed transmission line.
18. The joint application included one route that Sharyland and LP&L believed best addressed
the requirements of PURA and Commission rules—route 4—and 23 additional alternative
routes for the transmission facilities.
19. The routes are based on a right-of-way width of 175 feet. None of the right-of-way has
been acquired.
20. Oncor will construct, own, operate, and maintain the transmission line and the new station
ivork at the Ogallala and Abernathy stations. The North l'exas Utility will continue to own,
operate, and maintain the existing Ogallala and Abernathy stations.
21. The application presented estimates of finalizing engineering and design by March 2020,
acquiring all right-of-way and land by September 2020, procuring material and equipment
by December 2020, completing construction by June 2021, and energizing the proposed
transmission facilities by June 2021.
Public Input
22. To develop information on community values for the transmission facilities, Sharyland and
LP&L held public meetings on May 1 and May 3, 2018.
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23. A total of 811 individual written notices of the public meetings were mailed to directly
affected landowners.
24. A total of 184 people signed in as attending the public meetings.
25. Seventy people attending the meetings completed questionnaires and submitted them to
Sharyland, LP&L, or POWER Engineers for consideration. An additional 20 separate
questionnaires were also received after the meeting.
Notice of Application
26. On September 6, 2018, Sharyland and LP&L did the following: (a) mailed by first-class
mail written notice of the joint application, including a map, to each municipality within
five miles of the requested facilities; (b) mailed by first-class mail written notice of the
joint application, including a map, to each county in which the requested facilities may be
located; (c) mailed by first-class mail written notice of the joint application to each
neighboring utility providing the same utility service within five miles of the requested
facilities; (d) mailed by first-class mail written notice of the joint application, including a
map, to each landowner, as stated on current county tax rolls, who would be directly
affected if the requested CCN amendment were ganted; (e) mailed by first-class mail
written notice of the joint application to the Office of Public Utility Counsel; (f) mailed by
first-class mail and emailed notice of the joint application, including a map, to the
Department of Defense Siting Clearinghouse; and (g) filed an affidavit stating that a copy of the environmental assessment and alternative route analysis had been provided to the
Texas Parks and Wildlife Departmenit.
27. On September 26, 2018, Sharyland and LP&L filed the affidavit of John Zerwas, the joint applicants' attorney, attesting to the provision of notice of the joint application to municipalities, counties, neighboring utilities, the Department of Defense Siting Clearinghouse, and the Office of Public Utility Counsel in the manner described above in finding of fact 26. Sharyland and LP &L also filed the affidavit of Felicia Rawlins, a project administrator for Legacy Projects Services Group, attesting to the provision of notice of the joint application to directly affected landowners in the manner described above in finding of fact 26.
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28. On October 1, 2018, Sharyland and LP&L filed affidavits stating that notice of the joint
application had been published the week of September 13, 2018 in the Castro County
News, Plainview Daily Herald, and Swisher County News newspapers, which have general
circulation in Castro, Hale, and Swisher counties, respectively.
29. In Order No. 4 issued October 5, 2018, the Commission ALJ approved Sharyland's and
LP&L's notice of the application as compliant with Commission rules.
30. On November 1, 2018, Sharyland and LP&L filed another affidavit by John Zerwas, who
attested that notice had been re-mailed to six landowners whose original notices had been
returned.
Intervenors
31. In Order No. 2 issued October 2, 2018, the Commission ALJ granted intervenor status to
the following parties: William H. LaFont; the Griffin trust c/o Dixie Ruth Griffin; Dixie
Griffin; Leon Griffin; Grady and Amy Griffin; R. Randall Smith; Harold Capps; Swisher
Electric Cooperative, Inc.; Ricky Mason; Troy Klepper; and Dwain Strange.
32. In Order No. 3 issued October 5, 2018, the Commission ALJ granted intervenor status to
the following parties: Joan Hamilton, trustee of the David D. Reed, Jr. trust; Mildred R.
Brown and Winford Neilan Smith; J.D. and Freddie Sue Myrick; Coy and Gayla Myrick;
Myrick Land & Cattle, LLC; J.D. and Coy Myrick; Cody Myrick; the Cody Myrick trust;
Triangle Cattle Co., Ltd.; and BGT Partnership, LP.
) 33. In Order No. 5 issued October i19, 2018, the Commission ALJ granted intervenor statu to
the following parties: Sheryl Albracht; Jerod and Corrie Hon; Kelly Mills, a partner of 46
Land, LLC; Central Plains Spraying, Inc.; Gregg and Danna Griffin; and Tommy Stewart.
34. In Order No. 6 issued October 30, 2018, the Commission All punted intervenor status to
the following parties: Golden Spread Electric Cooperative, Inc.; Marka and Andrew
Francis; LDT Lands, LLC; Diana and Van Miller; David Pinkerton; the WE&LJ Reeves
revocable living trust; Alicia and John Browning; Jean and Barbara Browning; Legacy
Dairy Farms, LLC; Dennis Hill; Cindy Studdard; Bobbie Hill; Anita Burgess; Jenny Lou
Hurt Duncan; Jodie Riley; Lenora Atkins; NRJ Properties, LLC - F Series (Ada Jan Alley
Regnier); the Ada Jan Alley Regnier heritage trust (Ada Jan Alley Regnier); N. Country
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Lane Holdings, LLC - F Series (Carol Alley Pearce); the Carol Alley Pearce heritage trust
(Carol Alley Pearce); Southwestern Public Service Company (SPS); Stacey Mills and 246
Land, LLC; Fidel Roque; Toby and Shonda Tomsu; Richard A. and Vollena D. Skeens;
Wallace K. and Kathy Klatt; Bonnie Gloyna De Lung; Leonard Ray; Paul A. and Rebecca
Rae Gloyna; Fox Dairy, Ltd.; James E. Laney; Robyn and Wayne Carson; and Lucky
Bandit Farms, LLC.
35. In Order No. 7 issued November 29, 2018, the Commission ALJ granted intervenor status
to the following parties: Kenneth Hooper as trustee of the Ethel Hooper testamentary trust;
L. Thomas McClung as trustee of the Tyline Perry trust; Barbara Daugherty; Dorothy
Hilliard; Kevin Igo; Deborah Hall; David and Sheila Dunn; G.D. Patterson Farms; Bank
of America N.A. and U.S. Trust as agent for Kathryn McMillan Taylor; Carol Lane; Eddie
Taylor; W.H. Rollow III; Bollstar, LLC; Glenda and Douglas Goen; Norman Edward
Wuthrich; Fred Kanady, III; Donald C. Ebeling; Cynthia and Donald Ebeling, Jr.; John
Ray; Steve Johnson; Richard and Vollena Skeens; John Welps; Steve W. Foster; Johnie R.
Reed (Clifton Reed Farms, L.P.); Jimie Reed; Nadine B. Foster; David Horn; Lawanda
Moore; United Ag, LLC; Kimberly Burnett; Troy Burnett; Doyle Schulte; Suzanne
McClure by Steven R. Brown as holder of power of attorney; Dorothy Brown by Steven
R. Brown as holder of power of attorney; Camille Redding by Steven R. Brown as holder
of power of attorney; Judy Strickland; David and Marilyn Gilbert; Hall Farms Partnership
c/o J. Scott Hall; Steven Daniel Higgins and MCH, Inc.; and Oncor.
36. In Order N. 8 issued November 29, 2018, the Commission ALJ granted the motion of Mildred Brown to withdraw as an intervenor.
37. In State Office of Administrative Hearings (SOAH) Order No. 3 issued February 28, 2019, the SOAH ALls granted a motion to substitute Tooth Acres, LLC, in place of Dorothy L. Brown; Camille Redding; and Suzanne McClure.
38. On March 4, 2019, Tim Barton filed a late request to intervene on behalf of himself individually and on behalf of the Estate of Dixie Barton.
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PUC Docket No. 48625 Order Page 7 of 29 SOAR Docket No. 473-19-1445
39. On March 7, 2019, Sharyland and LP&L filed a response to SOAH Order Nos. 1 and 3,
identifying intervenors who failed to file testimony or a statement of position by the
February 15, 2019 deadline.
40. In SOAH Order No. 4 issued March 20, 2019, the SOAH ALJs dismissed the following
intervenors for failure to file direct testimony or a statement of position by the
February 15, 2019 deadline: William H. LaFont; R. Randall Smith; Ricky Mason; Dwain
Tipton and Swisher Electric Cooperative, Inc.; Troy Klepper; BGT Partnership, LP; Sheryl
Albracht; Central Plains Spraying, Inc. c/o Albert Key; Tommy Stewart; Anita Burgess;
Dennis Hill; Bobbie Hill Life Estate c/o Dennis Hill and Cindy Studdard; Jodie Riley;
Jenny Lou Hart Duncan; Steve Johnson; Richard A. and Vollena D. Skeens; John Ray;
Robyn and Wayne Carson; Jimie Reed; Clifton Reed Farms, LP; Nadine B. Foster; Steve
W. Foster; John Welps; United Ag., LLC; David Horn; Lawanda Moore; Kyle & Troy
Burnett, LP c/o Troy Burnett; Kimberly Burnett; Doyle Schulte; and the Judy Gail Graham
Strickland living trust c/o Judy Strickland. In that order, the SOAH ALJs also denied Tim
Barton's requests to intervene for failure to provide good cause as to the lateness of his
filings and for his failure to provide direct testimony or a statement of position.
AliRnment of Intervenors
41. On and after December 7, 2018, the following intervenors made filings as an aligned
coalition named after the law firm representing them, Burdett, Morgan, Williamson &
Boykin, LLP: Joan Hamilton as trustee of the David D. Reed, Jr. trust; W.H. Rollow III;
Bank of America N.A. and U.S. Trust as agent for Kathryn 'McMillan Taylor; Winford
Neilan Smith; Dorothy Hilliard; Kevin Igo; Deborah Hall; Carol Lane; L. Thomas
McClung as trustee of the Tyline Perry trust; Kenneth Hooper as trustee of the Ethel
Hooper testamentary trust; David and Sheila Dunn; Eddie Taylor; Barbara Daugherty;
Bollstar LLC; G.D. Patterson Farms; and David and Marilyn Gilbert.
42. On February 15, 2019, the following parties gave notice of their voluntary alignment as a
group called the Route 19 Proponents: David Pinkerton; Rhonda Pinkerton; the WE&LJ
Reeves Revocable trust; Fred Kanady III; the Douglas and Glenda Goen living trust;
Donald C. Ebeling, Jr.; Donald C. Ebeling; Cynthia B. Ebeling; Myrick Land & Cattle,
LLC; JD Myrick; Freddie Sue Myrick; Coy Myrick; Gayla Myrick; Triangle Cattle Co.,
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PUC Docket No. 48625 Order Page 8 of 29 SOAH Docket No. 473-19-1445
Ltd.; Cody Myrick; the Cody Myrick trust; Jerod Hon; Corrie Hon; Steven Higgins; MCH,
Inc.; Legacy Dairy Farms, LLC; Heifer Ranch at Arroyo Seco, Ltd.; and LDT Lands, LLC.
Route Adequacy
43. The joint application presented 24 routes using a combination of 141 routing links.
44. No party filed testimony or a position statement challenging whether the joint application
provided an adequate number of reasonably differentiated routes to conduct a proper
evaluation, and no party requested a hearing on route adequacy.
45. The joint application's 24 geographically diverse routes are an adequate number of
reasonably differentiated routes to conduct a proper evaluation.
TestimonV
46. On September 6, 2018, Sharyland and LP&L filed the direct testimonies of their witnesses:
David W. McCalla, LP&L' s director of electric utilities; Gary L. McClanahan, Jr., POWER
Engineers' environmental division project manager; Jason M. Avent, Sharyland's project
manager; and Troy L. Vaughn, Sharyland's director of transmission construction.
47. On February 15, 2019, Oncor filed the direct testimony of Wilson P. Peppard, a
transmission manager of line design and engineering services for Oncor, and the following
intervenors also filed testimony either of themselves or of their witnesses or statements of
position: the Route 19 Proponents; Donald C. Ebeling, Jr.; Corrie Hon; Coy Myrick; David
Pinkerton; Lucky Bandit Farms, LLC; Dorothy H. Hilliard; Bank of America N.A and U.S.
Trust as agent for Kathryn McMillan Taylor; Van Miller; Kevin Igo; David and Marilyn
Gilbert; G.D. Patterson Farms; L. Thomas McClung as the trustee of the Tyline N. Perry
trust; Andrew Francis; Barbara Daugherty; David Dunn, on behalf of himself and Sheila
Dunn; Joan R. Hamilton as trustee of the David D. Reed, Jr. trust; Winford Neilan Smith;
Kenneth L. Hooper as the trustee of the Ethel Hooper testamentary trust; Deborah Hall; the coalition represented by Burdett, Morgan, Williamson & Boykin, LLP; Carol Alley Pearce
on behalf of the Ada Jan Alley Regnier heritage trust, NRJ Properties, LLC-F Series, the Carol Alley Pearce heritage trust, and N. Country Lane Holdings, LLC-F Series; SPS;
Kelly Mills, Stacey Mills, and 246 Land LLC; Grady and Amy Griffin; Gregg and Donna Griffin; Leon Griffin; Dixie Ruth Griffin on behalf of herself and as co-trustee of the
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PUC Docket No. 48625 Order Page 9 of 29 SOAH Docket No. 473-19-1445
Griffin trust; W.H. Rollow, III; Eddie Taylor; Golden Spread Electric Cooperative, Inc.;
Fox Dairy, Ltd.; Paul A. and Rebecca Rae Gloyna; James E. Laney; Norman Wuthrich;
Fidel Roque; Toby Tomsu; Wallace and Kathy Klatt; Leonard Ray; John Browning on
behalf , of himself, Alicia, Jeane, and Barbara Browning; Bonnie DeLung; and Tooth Acres,
LLC.
48. On February 19, 2019, Bollstar, LLC filed the direct testimony of Kim Norris.
49. On February 21, 2019, the following parties filed amended direct testimonies: Leon
Griffin; Dixie Ruth Griffin, individually and as co-trustee of the Griffin trust; Grady and
Amy Griffin; and Gregg and Danna Griffin.
50. On February 22, 2019, Commission Staff filed objections to and motions to strike portions
of intervenor direct testimony.
51. Between February 28, 2019, and March 7, 2019, various intervenors filed responses to
Commission Staff s objections to and motion to strike portions of intervenor testimony.
52. On March 8, 2019, Commission Staff filed the direct testimony of its witness, Blake P.
Ianni.
53. On March 13, 2019, Oncor filed the supplemental direct testimony of Wilson P. Peppard.
54. On March 18, 2019, Sharyland and LP&L filed an errata to the direct testimony of Gary L.
McClanahan, Jr.
55. In SOAH Order No. 4 issued March 20, 2019, the SOAH Ails denied Commission Staff s
objections to, and motion to strike pktions of, intervenor testimony.
56. On March 20, 2019, Golden Spread filed the direct testimony of Stephen Cross as a
substitute for the direct testimony of J. Jolly Hayden.
57. On March 22, 2019, the following occurred:
(a) Sharyland and LP&L filed the rebuttal testimonies of Gary L. McClanahan, Jr. and
Troy L. Vaughn as well as Troy L. Vaughn's testimony adopting the direct testimony
of Jason M. Avent;
(b) the coalition represented by Burdett, Morgan, Williamson & Boykin, LLP filed the
cross-rebuttal testimony of T. Brian Almon; and
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(c) 246 Land, LLC filed the cross-rebuttal testimony of Brian C. Andrews on behalf of
itself; SPS; Kelly Mills; Stacey Mills; Fox Dairy, Ltd.; James E. Laney; Paul A. and
Rebecca Rae Gloyna; Fidel Roque; Toby and Shonda Tomsu; Wallace K. and Kathy
Klatt; Bonnie DeLung; Leonard Ray; John Browning on behalf of himself, Alicia,
Jeane, and Barbara Browning; Bonnie DeLung; Norman Edward Wuthrich; and the
coalition represented by Burdett, Morgan, Williamson & Boykin, LLP; and
(d) Fox Dairy, Ltd. filed an errata to the direct testimony of Gary DeVos.
58. On March 26, 2019, Sharyland and LP&L filed the revised rebuttal testimony of Troy L.
Vaughn.
59. On March 29, 2019, Fox Dairy, Ltd. filed the amended direct testimony of Gary DeVos,
and James E. Laney filed the amended direct testimony of Tim Hardage.
60. On April 1, 2019, 246 Land, LLC filed the amended cross-rebuttal testimony of Brian C.
Andrews on behalf of the parties listed above in finding of fact 57(c).
61. On April 10, 2019, the coalition represented by Burdett, Morgan, Williamson & Boykin,
LLP filed the amended direct testimony and the redacted rebuttal testimony of T. Brian
Almon.
62. On April 29, 2019, Sharyland and LP&L filed the amended rebuttal testimony of
Gary L. McClanahan, Jr.
63. On April 30, 2019, Sharyland and LP&L filed the supplemental direct testimonies of
Troy L. Vaughn t.rid Gary L. McClanahan, Jr. in support of the agreeme4
64. On September 5, 2019, Oncor and LP&L filed the supplemental direct testimony of Wesley
R. Speed, Oncor's vice president of transmission operations. Mr. Speed testified that the
North Texas Utility will continue to own the existing Abernathy and Ogallala stations but
that Oncor will construct and own the new Ogallala-to-Abernathy 345-kV transmission
line as well as the new station work required at the existing Ogallala and Abernathy
stations.
Referral to SOAH for Hearing
65. On October 17, 2018 and October 24, 2018, intervenors requested a hearing on the merits.
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PUC Docket No. 48625 Order Page 11 of 29 SOAH Docket No. 473-19-1445
66. On November 14, 2018, the Texas Parks and Wildlife Department filed a letter regarding
the transmission facilities and made various comments and recommendations.
67. On December 10, 2018, the Commission issued an order of referral and preliminary order,
referring this docket to SOAH and specifying issues to be addressed in this proceeding.
68. In SOAH Order No. 1 issued December 17, 2018, the SOAH ALJs provided notice of a
prehearing conference at 10:00 a.m. on January 10, 2019 at SOAH's hearing facility in
Austin, Texas.
69. In SOAH Order No. 2 issued January 23, 2019, the SOAH ALJs memorialized the
prehearing conference held on January 10, 2019 and provided notice of the hearing on the
merits set to begin immediately after a 9:00 a.m. prehearing conference on March 27, 2019
at SOAH's hearing facility in Austin, Texas.
70. On March 27, 2019, before the scheduled start of the hearing on the merits, the parties
requested a recess to advance their settlement discussions.
71. On March 28, 2019, the SOAH ALJs commenced and concluded the hearing on the merits.
72. In SOAH Order No. 5 issued April 12, 2019, the SOAH ALJs granted Sharyland's and
LP&L's motion to abate the procedural schedule and ordered Sharyland and LP&L to file
either all necessary settlement documents or another status report no later than April 25,
2019.
73. On April 25, 2019, Sharyland and LP&L filed a status report with respect to settlement
discussions.
74. On April 30, 2019, Sharyland and LP&L filed the following: an unopposed agreement
' resolving certain issues between the parties; the supplemental testimonies of Troy L.
Vaughn and Gary L. McClanahan, Jr., in support of the agreement; and a map showing the
locations of the intervenors' properties and route 4a.
75. On May 2, 2019, Commission Staff filed a memorandum of Blake P. Ianni in support of
the agreement.
76. In SOAH Order No. 6 issued May 14, 2019, the SOAH ALJs admitted evidence, including
the following: certain intervenor testimony; the amended joint application and all
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attachments, filed on April 29, 2019; the joint applicants' proof of notice by mail, filed on
September 26, 2018; the joint applicants' proof of publication, filed on October 1, 2018;
the joint applicants' supplemental proof of notice regarding returned landowner notices,
filed on November 1, 2018; the agreement and the supplemental direct testimonies of Troy
L. Vaughn and Gary L. McClanahan, Jr., in support of the agreement; and the direct
testimony of Blake P. Ianni and his memorandum in support of the agreement on behalf of
Commission Staff. In SOAH Order No. 6, the SOAH ALJs also dismissed the case from
SOAH's docket and remanded it to the Commission.
77. On May 17, 2019, Sharyland filed a notice of withdrawal and substitution of real party in
interest, notifying the SOAH ALJs of the substitution of Oncor in place of Sharyland.
78. On May 17, 2019, Oncor and LP&L filed a notice of the transaction's closing, a motion to
reopen the record, and a motion to admit into evidence an affidavit of Wilson P. Peppard.
79. In Order No. 9 issued May 30, 2019, the Commission ALJ instructed the parties to revise
the proposed order submitted by Sharyland and LP&L as exhibit C to the agreement to
conform to the Commission's most recent format.
80. On September 12, 2019, the Commission reopened the evidentiary record and admitted the
supplemental direct testimony of Wesley R. Speed and the delegation agreement between
the North Texas Utility and Oncor.
Description of the AR-reed Route 181. Route 4a consists of segments 3, 8, 11, 29, 36, 39, 51, 52, 53a, 53b, 88, 93, 112, 115, 116,
118, 121, 125, 129, 132, 138, and 139.
82. Route 4a is composed entirely of noticed segments that were not changed or modified from
the segments proposed in the joint application.
83. Route 4a is 58.2 miles in length.
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Adequacy of Existing Service and Need for Additional Service
84. The transmission facilities are needed to integrate LP&L into the Electric Reliability
Council of Texas (ERCOT) region under option 4ow, as authorized by the Commission in
Docket No. 47576.3
85. Other alternatives to the transmission facilities were rejected because they did not comply
with the Commission's order in Docket No. 47576 to provide the transmission facilities
under option 4ow.
Effect of Granting the Application on the Joint Applicants and Other Utilities and Probable Improvement of Service or Lowering of Cost
86. Oncor is the only electric utility involved in the construction of the transmission facilities.
87. Construction of the transmission facilities will result in a more reliable transmission
system.
88. Transmission line crossings and paralleling of lines owned and operated by different
utilities are common in the electric industry, and there are well established engineering
techniques for avoiding adverse impacts during construction or operation of lines that cross
or parallel other lines. Utilities typically work together to coordinate the construction and
operation of facilities that are in proximity to one another.
89. Crossings and paralleling of existing transmission lines by the new transmission line can
be addressed through coordination between Oncor and the applicable utilities and the
application of common engineering measures.
90. As detailed in the agreement, Oncor (as sul ccessor-in-interest to Sharyland in this docket)
agreed to coordinate with SPS regarding any crossing or paralleling of an existing SPS
transmission line by the proposed transmission line.
3 Application of the City of Lubbock through Lubbock Power and Light for Authority to Connect a Portion of its System with the Electric Reliability Council of Texas, Order (Mar. 15, 2018).
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91. As detailed in the agreement, Oncor and Golden Spread agreed, as follows:
a. that Oncor expects to use workaround actions and facilities to minimize the
duration of outages at Golden Spread's Antelope Elk Energy Center related to work
on the Abernathy station for the transmission line;
b. that Oncor will not directly assign to Golden Spread the costs associated with the
transmission line or any related workaround or other costs required to complete the
LP&L integration into ERCOT under the option 4ow transmission plan;
c. that there needs to be flexibility in the timing and duration of outages at the
Abernathy station that would cause the Antelope Elk Energy Center to be offline,
in accordance with ERCOT protocols, but that three weeks is a reasonable
estimated time period in which to schedule each such outage if feasible and that
March would be a reasonable timeframe for Oncor to schedule an outage if feasible;
d. to establish the dates and time periods for the outages as far in advance as
reasonably possible, provided that the specific dates and time periods must be
chosen at Oncor's reasonable discretion subject to the proposed transmission line
schedule, ERCOT protocols, approvals and other requirements, the Commission's
substantive rules, and any other applicable legal, regulatory, or contractual
requirements;
e. to regularly communicate in good faith regarding material issues relred to the
disconnection of the Antelope Elk Energy Center from the Abernathy station, the
interconnection of the Antelope Elk Energy Center to ERCOT using a workaround
near the Abernathy station, and the reconnection of the Antelope Elk Energy Center
to the Abernathy station, in accordance with ERCOT protocols, approvals, and
other requirements; the Commission's substantive rules; and any other applicable
legal, regulatory, or contractual requirements;
f. to work cooperatively to establish and revise as necessary the construction schedule
relating to outages at the Abernathy station, taking into account the interests of
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Oncor, LP&L, and Golden Spread, in accordance with ERCOT protocols,
approvals, and other requirements; the Commission's substantive rules; and any
other applicable legal, regulatory, or contractual requirements; and
g. to act with due diligence and in accordance with good utility practice; ERCOT
protocols, approvals, and other requirements; the Commission's substantive rules;
and any other applicable legal, regulatory, or contractual requirements in
(a) preparing for, connecting, testing, operating, and disconnecting any workaround
used to interconnect the Antelope Elk Energy Center to ERCOT, or (b) taking any
planned action associated with the workaround.
92. The transmission facilities are not anticipated to adversely affect service by other utilities
in the area.
93. Because outages will be coordinated with ERCOT and in accordance with the ERCOT
protocols and the agreement and construction will be completed in accordance with the
Commission's final order in Docket No. 47576, construction of the transmission line is not
expected to preclude or limit a generator from generating or delivering power other than
the required outages described in the agreement or to adversely affect the ERCOT
system's reliability.
Estimated Costs
94. The estimated cost for the 24 application routes ranges from $85,575,571 to $99,414,560,
excluding statiol costs, which are estimated at $8,304,600.
95. The transmission facilities along route 4a are estimated to cost approximately $88,911,000,
excluding any workaround facilities or activity as discussed in this Order. The estimated
cost for upgrades to the Abernathy station that are directly applicable only to this
transmission line is approximately $6,414,500, and the estimated cost for upgrades to the
Ogallala station is $1,890,100.
96. Route 4a would add an estimated additional cost of $1,034,952 to the cost of the
transmission facilities along route 4.
97. The cost of route 4a is reasonable considering the range of the cost estimates for the routes.
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98. The transmission facilities will be financed through a combination of debt and equity.
Prudent Avoidance
99. Prudent avoidance is defined in 16 Texas Administrative Code (TAC) § 25.101(a)(6) as
the "limiting of exposures to electric and magnetic fields that can be avoided with
reasonable investments of money and effort."
100. Over its 58.2-mile length, route 4a has 14 habitable structures within 500 feet of its
centerline.
101. Route 4a complies with the Commission's policy of prudent avoidance.
Community Values
102. Information regarding community values was received from the public meetings and from
local, state, and federal agencies and incorporated into POWER Engineers' routing analysis
and Sharyland's and LP&L's eventual selection of the alternative routes filed in the joint
application.
103. Based on information received by POWER Engineers from the public meetings, one new
segment was added, and an existing segment was split in two.
104. The principal concerns expressed in the 90 questionnaire responses from the public
meetings included minimizing impacts to agricultural lands and maximizing paralleling of
property lines.
105. Route 4a adequately addresses the expressed community values.
Usini, or Paralleling Compatible Rights-of-Wav and Parallking of Property Boundaries 106. Route 4a is 58.2 miles long and parallels existing compatible right-of-way for 52.7 miles.
107. Route 4a utilizes or parallels existing compatible right-of-way and apparent property
boundaries for approximately 93% of its length.
108. Route 4a uses or parallels existing compatible corridors and apparent property lines to a
reasonable extent.
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EnArineerin2 Constraints
109. No known engineering constraints have been identified in the joint application that would
prevent construction of the proposed transmission line along route 4a.
Other Comparisons of Land Uses and Land Types
a. Radio Towers and Other Electronic Installations
110. No AM radio transmitters were identified within 10,000 feet of the centerline of route 4a.
111. Two FM radio transmitters, microwave relay stations, or other electronic installations are
within 2,000 feet of the centerline of route 4a.
112. The Commission does not expect the presence of transmission facilities along route 4a to
adversely affect any communication operations within the area.
b. Airstrips and Airports
113. There are no airports registered with the Federal Aviation Administration (FAA) within
10,000 feet of any of the routes filed with the joint application.
114. There is one private airstrip within 10,000 feet of the centerline of route 4a.
115. There is no airstrip with a runway greater than 3,200 feet in length within 20,000 feet of
the centerline of route 4a.
116. There is no airstrip with a runway less than 3,200 feet in length within 10,000 feet of the
centerline of route 4a.
117. There are no heliports within 5,000 feet of the centerline of route 4a.
118. The Commission does not expect the presence kf transmission facilities along route 4a to
adversely affect any airports, airstrips, or heliports.
c. Irrigation Systems
119. Route 4a crosses 12.7 miles of agricultural land with mobile irrigation systems present.
120. The Commission does not expect the presence of transmission facilities along route 4a to
adversely affect any agricultural lands with known mobile irrigation systems.
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Recreational and Park Areas
121. Route 4a does not cross any parks or recreational areas, and there are no park or recreational
areas located within 1,000 feet of the centerline of route 4a.
122. The Commission does not expect the presence of transmission facilities along route 4a to
adversely affect the use or enjoyment of any parks or recreational areas.
Historical and Archaeological Values
123. Route 4a crosses no recorded cultural resource sites, and there are no recorded cultural
resource sites located within 1,000 feet of the centerline of route 4a.
124. Route 4a passes through areas of high potential for historical or archaeological sites for
16.9 miles of its 58.2-mile length.
125. The Commission does not expect the presence of transmission facilities along route 4a to
adversely affect any archaeological or historical resources.
Aesthetic Values
126. An estimated 1.4 miles of route 4a' s 58.2-mile length lie within the foreground visual zone
of a park or recreational area.
127. An estimated 3.2 miles of route 4a' s 58.2-mile length lie within the foreground visual zone
of interstate, United States, and state highways.
128. The Commission does not expect the presence of transmission facilities along route 4a to
adversely affect the aesthetic quality of the landscape.
Environmental Integrity
129. The environmental assessment and alternative route analysis evaluated the possible
impacts of the transmission facilities on numerous different environmental factors.
130. Sharyland, LP&L, and POWER Engineers evaluated the impacts of the transmission
facilities on the environment, including endangered and threatened species.
131. Route 4a will not cross known habitat of federally listed endangered or threatened species.
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132. Route 4a is unlikely to affect federally listed plant or animal species. Any effect on
federally listed plant or animal species will be mitigated by the use of standard practices
and measures taken in accordance with the Endangered Species Act.
133. Construction of the transmission facilities on route 4a will not significantly affect existing
land uses or the geological, hydrological, or wetland resources of the area.
134. It is appropriate that Oncor protect raptors and migratory birds by following the procedures
outlined in the following publications: Reducing Avian Collisions with Power Lines: State
of the Art in 2012, Edison Electric Institute and Avian Power Line Interaction Committee,
Washington, D.C. 2012; Suggested Practices for Avian Protection on Power Lines, The
State of the Art in 2006, Edison Electric Institute, Avian Power Line Interaction
Committee, and the California Energy Commission, Washington, D.C. and Sacramento,
CA 2006; and the Avian Protection Plan Guidelines, Avian Power Line Interaction
Committee and United States Fish and Wildlife Service, April 2005. Oncor agreed to take
precautions to avoid disturbing occupied nests and take steps to minimize the burden of
construction on migratory birds during the nesting season of the migratory bird species
identified in the area of construction.
135. It is appropriate that Oncor minimize the amount of flora and fauna disturbed during
construction of the transmission facilities.
136. It is appropriate that Oncor re-vegetate cleared and disturbed areas using native species and
consider landowner preferences in doing so.
137. It is appropriate that Oncor avoid, to the maximum extent reasonably possilJle, causing
adverse environmental impacts to sensitive plant and animal species and their habitats as
identified by the Texas Parks and Wildlife Department and the United States Fish and
Wildlife Service.
138. It is appropriate that Oncor implement erosion-control measures and return each affected
landowner's property to its original contours and grades unless otherwise agreed to by the
landowners. It is not appropriate that Oncor restore original contours and grades where
different contours and gades are necessary to ensure the safety or stability of any
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transmission line's structures or the safe operation and maintenance of the transmission
lines.
139. It is appropriate that Oncor exercise extreme care to avoid affecting non-targeted
vegetation or animal life when using chemical herbicides to control vegetation within the
right-of-way, and such herbicide use must comply with the rules and guidelines established
in the Federal Insecticide, Fungicide, and Rodenticide Act and with Texas Department of
Agriculture regulations.
140. It is appropriate that Oncor use best management practices to minimize the potential impact
to migyatory birds and threatened or endangered species.
141. The Commission does not expect the presence of transmission facilities along route 4a to
adversely affect the environmental integrity of the area.
Texas Parks and Wildlife Department's Written Comments and Recommendations
142. On November 14, 2018, the Texas Parks and Wildlife Department filed its comment letter
making various comments and recommendations regarding the transmission facilities.
143. The Texas Parks and Wildlife Department's comment letter addressed issues relating to
impacts on ecology and the environment, but did not consider the other factors the
Commission and utilities must consider in CCN applications.
144. Oncor will comply with all environmental laws and regulations, including those governing
threatened and endangered species.
145. OnLor will comply with all applicable regulatory reqdirements in constructing the
transmission facilities, including any applicable requirements under section 404 of the
Clean Water Act.
146. In preparing the environmental assessment and alternative route analysis, POWER Engineers reviewed and took into account the Texas Parks and Wildlife Department's
previous correspondence in this docket.
147. POWER Engineers relied on habitat descriptions from various sources, including the Texas Natural Diversity Database and other sources provided by the Texas Parks and Wildlife
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Department, along with observations from field reconnaissance, to determine whether
habitat for some species is present in the area encompassing the transmission facilities.
148. Oncor will cooperate with United States Fish and Wildlife Service and the Texas Parks and
Wildlife Department if threatened or endangered species' habitats are identified during
field surveys.
149. If construction impacts federally listed species or their habitat or impacts water under the
jurisdiction of the United States Army Corps of Engineers or the Texas Commission on
Environmental Quality, Oncor will cooperate with the United States Fish and Wildlife
Service, United States Army Corps of Engineers, and the Texas Commission on
Environmental Quality as appropriate to obtain permitting and any required mitigation.
150. The standard mitigation requirements included in the ordering paragraphs in this Order,
coupled with current practices, are reasonable measures for a transmission service provider
to undertake when constructing a transmission line and are sufficient to address the Texas
Parks and Wildlife Department's comments and recommendations.
151. This Order addresses only those Texas Parks and Wildlife Department recommendations
for which there is record evidence.
152. No modifications to the transmission facilities are required as a result of the
recommendations and comments made by the Texas Parks and Wildlife Department.
Structures and Conductor
153.1 In the direct and supplemental direct testimonies of Wilson P. Peppard, Oncor proposed
technical changes to some of the proposed transmission line components, such as conductor
and structure type, to better align the facilities with Oncor's typical designs and
specifications.
154. These changes include:
a. the use of Oncor's standard double-circuit 345-kV lattice V-tower structures and
tangent monopole structures in place of Sharyland's proposed lattice structures mid
tangent monopoles, in the same manner as proposed in the joint application; and
b. the use of Suwannee bundled 959.6-thousands-of-circular-mil (kcmil) aluminum
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conductor steel-supported trapezoidal wire with a continuous summer static rating
of 3,298 amperes in place of Sharyland's proposed Cumberland bundled
1926.9-kcmil aluminum conductor steel-reinforced trapezoidal wire with a
continuous summer static rating of 2,942 amperes.
155. Oncor's proposed changes are reasonable and do not materially change the impact of the
transmission line on landowners or negatively impact the cost estimates for, construction
of, or reliability of the proposed transmission line.
Permits
156. Oncor will obtain a permit from the Texas Department of Transportation if the transmission
facilities cross state-owned or -maintained properties, roads, or highways.
157. Before constructing the transmission facilities, Oncor will obtain any necessary permits or
clearances from federal, state, or local authorities.
158. Before beginning construction of the proposed transmission facilities, it is appropriate for
Oncor to conduct a field assessment of the transmission line to identify water resources,
cultural resources, potential migratory bird issues, and threatened and endangered species'
habitats impacted as a result of the transmission line. As a result of these assessments,
Oncor will identify any additional permits that are necessary, will consult any required
agencies, will obtain all necessary permits, and will comply with the relevant permit
conditions during construction and operation of their respective portions of the transmission line.
Coastal Management Program
159. Under 16 TAC § 25.102(a), the Commission may grant a certificate for the construction of transmission facilities within the coastal management program boundary only when it finds that the proposed facilities comply with the goals and applicable policies of the Coastal Management Progam or that the proposed facilities will not have any adverse effect on any of the applicable coastal natural resource areas specified in 31 TAC § 501.3(b).
160. No part of the transmission facilities is located within the coastal management program boundary as defined in 31 TAC § 503.1(a).
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Effect on the State's Renewable Energy Goal
161. The Texas Legislature established a goal in PURA § 39.904(a) for 10,000 megawatts of
renewable capacity to be installed in Texas by January 1, 2025. This goal has already been
met.
162. The transmission facilities cannot adversely affect the goal for renewable energy
development established in PURA § 39.904(a).
Limitation of Authoritp
163. It is reasonable and appropriate for a CCN order not to be valid indefinitely because it is
issued based on the facts known at the time of issuance.
164. Seven years is a reasonable and appropriate limit to place on the authority granted in this
Order to construct the transmission facilities.
Good-Cause Exception
165. On behalf of Sharyland and LP&L, POWER Engineers corresponded with the Department
of Defense Siting Clearinghouse regarding the transmission facilities before the application
was filed.
166. On MaY 23, 2018, the Department of Defense Siting Clearinghouse informed Sharyland
and LP&L that its informal review concluded that the transmission facilities would have
minimal impact on military operations in the area.
167. The Department of Defense Siting Clearinghouse had actual notice of the proposed
transmission facilities beforr the public meetings held by Sharyland and LP&L on May 1
and May 3, 2018.
Informal Disposition
168. More than 15 days have passed since the completion of notice provided in this docket.
169. All intervenors have withdrawn their opposition to the application and requests for a
hearing.
170. No hearing is needed.
171. Commission Staff recommended approval of the application.
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172. This decision is not adverse to any party.
II. Conclusions of Law
The Commission makes the following conclusions of law.
1 Oncor is a public utility as defined in PURA § 11.004 and an electric utility as defined in
PURA § 31.002(6).
2. LP&L is a municipally owned utility as defined in PURA § 11.003(11).
3. Oncor is required to obtain the Commission's approval to construct the proposed
transmission line and provide service to the public using that line.
4. The Commission has authority over this application under PURA §§ 14.001, 32.001,
37.051, 37.053, 37.054, and 37.056.
5. SOAH exercised jurisdiction over this proceeding in accordance with PURA § 14.053 and
Texas Government Code § 2003.049.
6. Good cause exists under 16 TAC § 22.5 to grant an exception to the requirement in 16 TAC
§ 22.52(a)(4) that notice be provided to the Department of Defense Siting Clearinghouse
of the public meetings held by Sharyland and LP&L on May 1 and May 3, 2018.
7. The application is sufficient under 16 TAC § 22.75(d).
8. Sharyland and LP&L provided notice of the application in compliance with
PURA § 37.054 and 16 TAC § 22.52(a).
9. The heailing on the merits was set, and notice of the hearing wasl provided, in compliance
with PURA § 37.054 and Texas Government Code §§ 2001.051 and 2001.052.
10. This docket was processed in accordance with the requirements of PURA, the
Administrative Procedure Act,4 and Commission rules.
11. The transmission facilities using route 4a are necessary for the service, accommodation,
convenience, or safety of the public within the meaning of PURA § 37.056(a).
4 Administrative Procedure Act, Tex. Gov't Code §§ 2001.001—.902.
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12. The Texas Coastal Management Program does not apply to the transmission facilities, and
the requirements of 16 TAC § 25.102 do not apply to the application.
13. The North Texas Utility's delegation of authority to Oncor in this docket is in accordance
with PURA § 37.056(g).
14. The requirements for informal disposition under 16 TAC § 22.35 have been met in this
proceeding.
III. Ordering Paragraphs
In accordance with these findings of fact and conclusions of law, the Commission issues
the following orders.
1. The Commission amends Oncor's CCN number 30158 to include the construction and
operation of a single-circuit 345-kV transmission line along route 4a extending from the
existing Ogallala station in Castro County to the existing Abernathy station in Hale County
as well as the construction and operation of new station work at the Ogallala and Abernathy
stations.
2. Oncor must consult with pipeline owners or operators in the vicinity of the approved route
regarding the pipeline owners' or operators' assessment of the need to install measures to
mitigate the effects of alternating-current interference on existing natural gas pipelines that
are paralleled by the proposed electric transmission facilities.
3. Oncor must conduct surveys, if not already completed, to identify metallic pipelines that
co4ld be affected by the transmission line and cooperate wth pipeline owners in modeling
and analyzing potential hazards because of alternating-current interference affecting
metallic pipelines being paralleled.
4. Oncor must obtain all permits, licenses, plans, and permission required by state and federal
law that are necessary to construct the proposed transmission facilities. If Oncor fails to
obtain any such permit, license, plan, or permission, it must notify the Commission
immediately.
5. If Oncor encounters any archaeological artifacts or other cultural resources during
construction of the transmission facilities, work must cease immediately in the vicinity of
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the artifact or resource. Oncor must report the discovery to, and take action as directed by,
the Texas Historical Commission.
6. Oncor must follow the procedures to protect raptors and migratory birds as outlined in the
following publications: Reducing Avian Collisions with Power Lines: State of the Art in
2012, Edison Electric Institute and Avian Power Line Interaction Committee, Washington,
D.C. 2012; Suggested Practices for Avian Protection on Power Lines, The State of the Art
in 2006, Edison Electric Institute, Avian Power Line Interaction Committee, and the
California Energy Commission, Washington, D.C. and Sacramento, CA 2006; and the
Avian Protection Plan Guidelines, Avian Power Line Interaction Committee and United
States Fish and Wildlife Service, April 2005. Oncor must take precautions to avoid
disturbing occupied nests and take steps to minimize the burden of construction on
migratory birds during the nesting season of the migratory bird species identified in the
area of construction.
7. Oncor must exercise extreme care to avoid affecting non-targeted vegetation or animal life
when using chemical herbicides to control vegetation within rights-of-way. Oncor must
ensure that the use of chemical herbicides to control vegetation within rights-of-way
complies with rules and guidelines established in the Federal Insecticide, Fungicide, and
Rodenticide Act and with Texas Department of Agriculture regulations.
8. Oncor must minimize the amount of flora and fauna disturbed during construction of the
transmission line, except to the extent necessary to establish appropriate right-of-way
clearance for the transmission line. In addition, Oncor must re-vegetate using native
species and must consider landowner preferences and wildlife needs in doing so. Furthermore, to the maximum extent practical, Oncor must avoid adverse environmental
influence on sensitive plant and animal species and their habitats, as identified by the Texas Parks and Wildlife Department and the United States Fish and Wildlife Service.
9. Before beginning construction, Oncor must undertake appropriate measures to identify whether a potential habitat for endangered or threatened species exists and must respond as required.
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10. Oncor must use best management practices to minimize the potential burden on migratory
birds and threatened or endangered species.
11. Oncor must implement erosion-control measures as appropriate. Erosion-control measures
may include inspection of the right-of-way before and during construction to identify
erosion areas and implement special precautions as determined reasonable to minimize the
burden of vehicular traffic over the areas. Also, Oncor must return each affected
landowner's property to its original contours and grades unless otherwise agreed to by the
landowner or the landowner's representative. Oncor must not be required to restore
original contours and grades where a different contour or grade is necessary to ensure the
safety or stability of the structures or the safe operation and maintenance of the line.
12. Oncor must cooperate with directly affected landowners to implement minor deviations
from the approved route to minimize the burden of the transmission line. Any minor
deviations from the approved route must directly affect only landowners who were sent
notice of the transmission line in accordance with 16 TAC § 22.52(a)(3) and landowners
that have agreed to the minor deviation.
13. Oncor must not deviate from the approved route in any instance in which the deviation
would be more than a minor deviation without further amending its CCN.
14. If possible, and subject to the other provisions of this Order, Oncor must prudently
implement appropriate final design for the transmission lines to avoid being subject to the
FAA's notification requirements. If required by federal law, Oncor must notify and work
with the FAA to ensure complial with applicable federal laws and regulations. Oncor il
not authorized to deviate materially from this Order to meet the FAA's recommendations
or requirements. If a material change would be necessary to comply with the FAA's
recommendations or requirements, then Oncor must file an application to amend its CCN
as necessary.
15. Oncor must identify any additional permits that are necessary, must consult any required
agencies (such as the United States Army Corps of Engineers and United States Fish and
Wildlife Service), must obtain all necessary environmental permits, and must comply with
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the relevant conditions during construction and operation of the proposed transmission
facilities.
16. Oncor must include the transmission facilities approved by this Order on its monthly
construction progress reports before the start of construction to reflect the final estimated
cost and schedule in accordance with 16 TAC § 25.83(b). In addition, Oncor must provide
final construction costs, with any necessary explanation for cost variance, after completion
of construction when all charges have been identified.
17. Oncor must cooperate with SPS regarding each crossing of an existing SPS electric
transmission facility by the proposed transmission facilities and in each instance where an
existing SPS electric transmission facility is paralleled by the proposed transmission
facilities.
18. Oncor and Golden Spread must take actions relating to the Abernathy station and the
Antelope Elk Energy Center as described above in finding of fact 91 in accordance with
the agreement.
19. Oncor must implement the proposed changes to the structures and conductors for the
transmission line described above in findings of fact 153 and 154.
20. Entry of this Order does not indicate the Commission's endorsement or approval of any
principle or methodology that may underlie the agreement and must not be regarded as
precedential as to the appropriateness of any principle or methodology underlying the
agreement.
21. The authority granted by this Order is limited to a period of seven years from the date the Order is signed unless, before that time, the transmission line is commercially energized.
22. The Commission denies all other motions and any other requests for general or specific relief that have not been expressly granted.
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! Signed at Austin, Texas the — day of September 2019.
PUBLIC UTILITY COMMISSION OF TEXAS
Lt644,t_lotk( DEANN T. WALKER, CHAIRMAN
07{ ARTHUR C. D'ANDREA, COMMISSIONER
SHELLY B TKIN, COMMISSIONER
W2013 qAcadm\orders\final\48000\48625 fo.docx
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