PFD ATTACHMENT 3
SOAH DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
Page 13 of 17
Lois Toole Roper
One Blue Heron
P.O. Box 1600
Wimberley, Tx 78676
Royce Rhodes
19 Memory Lane
Wimberley, Tx 78676
Dick Rollins
282 Summit Dr.
Wimberley, Tx 78676
Becky Rainosek
P.O. Box 132
Wimberley, Tx 78676
Patricia Rice
P.O. Box 434
Wimberley, Tx 78676
Jennifer Ruiz
P.O. Box 344
Wimberley, Tx 78676
Leon Ramirez
Rt. 3, Box 995
Wimberley, Tx 78676
Barbara Richardson
104 Lariat Circile
Wimberley, Tx 78676
Cecilia Russell
Rt. 5, Box 993
Wimberley, Tx 78676
Pat Randall
P.O. Box 368
Wimberley, Tx 78676
Sidney/Sue/Dana Roberts
810 River Road
Wimberley, Tx 78676
Zeke Rutherford
P.O. Box 712
Wimberley, Tx 78676
Patsy Randers
15 Stonehouse Cr.
Wimberley, Tx 78676
Marleen Robins
1606 Lone Man Mountain Rd.
Wimberley, Tx 78676
Al & Jean Sander
P.O. Box 1682
Wimberley, Tx 78676
Mary Lou Redd
#2 Concha Canyon
Wimberley, Tx 78676
Catherine Roccaforte
P.O. Box 374
Wimberley, Tx 78676
J.D. Shapter
1001 Hidden Valley Road
Wimberley, Tx 78676
Sue Ann Reed
P.O. Box 2094
Wimberley, Tx 78676
Charles/Patricia Roccaforte
P.O. Box 636
Wimberley, Tx 78676
Alan/Nancy Shastid
2220 Pump Station Rd.
Wimberley, Tx 78676
B.J. Repsdorph
P.O. Box 601
Wimberley, Tx 78676
Jim Roddie
5005 Fishcer's Store Rd.
Wimberley, Tx 78676
Curtis Scott
332 N. Green Acres
Wimberley, Tx 78676
Alice Rhoden
Twin Mountain Manor
Apt. A-1
Wimberley, Tx 78676
Jack Rogers
6 Woodridge Cr.
Wimberley, Tx 78676
Amanda Sargent
116 Rainbow Ranch Road
Wimberley, Tx 78676
PFD ATTACHMENT 3
SOAH DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
Page 14 of 17
Taylor Skaar
Lynne Sarver
Frank Sears
P.O. Box 1804
1650 Sandy Point Rd.
10 Cypress Fairway Village
Wimberley, Tx 78676
Wimberley, Tx 78676
Wimberley, Tx 78676
Nancy Scantlen
P.O. Box 763
Eastern Road
Wimberley, Tx 78676
David Shand
Rt. T, Box 970
Wimberley, Tx 78676
Judy Slaughter
P.O. Box 8
Wimberley, Tx 78676
Lori Schindler
Steve Schwab
Maureeen Slaughter
600 Green Acres
Wimberley, Tx 78676
P.O. Box 804
Wimberley, Tx 78676
19 Chisholm Trail
Wimberley, Tx 78676
Herman/Mary/Mark
Schoenstein
100 Leath Hollow
Wimberley, Tx 78676
Lane/Lynda Sebring
P.O. Box 1063
Wimberley, Tx 78676
Michelle Smith
1751 Little Ranches Rd.
Wimberley, Tx 78676
Katherine Scholten
P.O. Box 804
Wimberley, Tx 78676
C.M. Sheffield
Wimberley Vet Clinic
12605 Rr 12, Suite 1
Wimberley, Tx 78676
Southwind B&B
Carrie Watson
2701 Fm 3237
Wimberley, Tx 78676
James Schulte
Mrs. James Sheffield
Andrew/Mona Speakerman
401 High Mesa Dr.
Wimberley, Tx 78676
P.O. Box 736
Wimberley, Tx 78676
301 Rainbow Ranch
Wimberley, Tx 78676
Pamela Sciviegun
P.O. Box 1893
Wimberley, Tx 78676
Shelley
2701 Fischer Stove Rd.
Wimberley, Tx 78676
Bill Temple Spencer
100 Blanco Bend, West
Wimberley, Tx 78676
Sherri Scudder
James Shields
Jackie Stanfield
333 Hillsedge Rd.
Wimberley, Tx 78676
203 Campfire Way
Wimberley, Tx 78676
21 Scenic Way
Wimberley, Tx 78676
Gregg Sealy
1111 Deer Lake Road
Wimberley, Tx 78676
Mary Ann Short
14 Shady Grove
Wimberley, Tx 78676
Adrienne Evans-Stark
101-B Cedar Hollow
Wimberley, Tx 78676
PFD ATTACHMENT 3
SOAH DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
Page 15 of 17
Cecil/Karen Stewart
15 Matador Tr.
Wimberley, Ti 78676
John Stefanowicz
Concrete Construction
P.O. Box 2190
Wimberley, Tx 78676
Sidney Thompson
P.O. Box 823
Wimberley, Tx, 78676
Lorena Stockstill
108 Hub Dr.
Wimberley, Ti 78676
W.L. & Betty Spickler
94 Champions Cr.
Wimberley, Tx 78676
Robert Kern Tips
450 Deer Lake Est.
Wimberley, Tx 78676
Marian Strange
917 Lakeside
Wimberley, Ti 78676
Michael & Sue Sullivan
101 S. Rainow Ranch Rd.
Wimberley, Tx 78676
Mary Anne Todd
P.O. Box 2381
Wimberley, Tx 78676
Sundown Acres
P.O. Box 944
Wimberley, Tx 78676
Hal & Dee Ann Story
1811 Spoke Hollow Road
Wimberley, Tx 78676
Patricia Todd
P.O. Box 724
Wimberley, Ti 78676
Barbara Swaney
P.O. Box 1061
Wimberley, Tx 78676
Ms. Maxine Stevens
#3 Par Circle
Wimberley, Tx 78676
Kelli Treadwell
7 Logans Run
Wimberley, Tx 78676
David/Beverly Sweeney
2 Canton Creek Dr.
Wimberley, Tx 78676
Eli/Cheryl Turner
300 Lange Rd.
Wimberley, Tx 78676
Karolyn Tybor
P.O. Box 451
Wimberley, Ti 78676
R. S. Simpson
P.O. Box 735
Wimberley, Tx 78676
Lori Tawil
P.O. Boz1566
Wimberley, Ti 78676
John Udrell
P.O. Box 2424
Wimberley, Ti 78676
Vern & Nancy Lee Seifert
P.O. Box 306
Wimberley, Ti 78676
Doran Teague
1600 Little Ranches
Wimberley, Tx 78676
Sharon Uhlaender
18 Las Flores
Wimberley, Ti 78676
Claire Smullerr
P.O. Box 2206
Wimberley, Tx 78676
Tamara Thomas
Rt. 3, Box 897z
Wimberley, Ti 78676
Robert Valetine
610 Spoke Hollow Road
Wimberley, Tx 78676
PFD ATTACHMENT 3
SOAH DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
Page 16 of 17
Merry Sue Van Dam
408 E. Meadown Lane
Wimberley, Tx 78676
Anita Wall
6 Lomas Verde Tr.
Wimberley, Tx 78676
Esther Wells
P.O. Box 1296
Wimberley, Tx 78676
Diane Vanhorn
1100 Skyline Dr.
Wimberley, Tx 78676
Earl Wallace
Box 2077
Wimberley, Tx 78676
Elizabeth Anne White
103 Overlook Circle
Wimberley, Tx 78676
L. W. Vaughn
100 E. Lone Man Cr.
Wimberley, Tx 78676
Hazel Walters
25 Pebblebrook Lane
Wimberley, Tx 78676
C.E./Linda Wiedman
P.O. Box 1535
Wimberley, Tx 78676
James/Jan Venable, Jr.
11 Lone Star Tr.
Wimberley, Tx 78676
Laura Walter
235 Pleasant Valley Rd.
Wimberley, Tx 78676
Jean Williams
P.O. Box 661
Wimberley, Tx 78676
Michael/Karen Vernon
P.O. Box 8
Wimberley, Tx 78676
Mary Ward
P.O. Box 2197
Wimberley, Tx 78676
Carol Willard
225 Blanco Dr.
Wimberley, Tx 78676
Cara Vetterick
1844 Flite Acres
Wimberley, Tx 78676
Candace/Corene Warlick
65 Woodcreek Dr.
Wimberley, Tx 78676
Louis Willard
Rt. 1, Box 167
Wimberley, Tx 78676
Heather Von Utassey
P.O. Box 1555
Wimberley, Tx 78676
Charles/Jane Warlick, Jr.
P.O. Box 679
Wimberley, Tx 78676
Jim Williams
221 Peace Rd.
Wimberley, Tx 78676
Franklin Waggoner
222 Leveritt Loop
Wimberley, Tx 78676
Kurt Watson
P.O. Box 1861
Wimberley, Tx 78676
Nicholas/Nelda Williams
P.O. Box 2378
Wimberley, Tx 78676
Rubgy Wagner
P.O. Box 1745
Wimberley, Tx 78676
Teresa Watts
P.O. Box 2047
Wimberley, Tx 78676
Mr. & Mrs. Ken Wilson
40 Woodcreek Dr.
Wimberley, Tx 78676
PFD ATTACHMENT 3
SOAH DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
Page 17 of 17
Irene Witten
P.O. Box 1933
Wimberley, Tx 78676
Boaly W. Waak
201 Ledgerock Road
Wimberley, Ti 78676
Wimberley Overnight Assoc.
Carrie Watson
Rt. 2, Box 15
Wimberley, Tx 78676
Jack Williams, Jr.
2601 River Rd.
Wimberley, Tx 78676
Tammy Witten
#2 Logans Run
Wimberley, Tx 78676
Elizabeth Weldon
P.O. Box 784
Wimberley, Tx 78676
Marvin/Pat Wold
39 Woodcreek Dr.
Wimberley, Tx 78676
Paul Xiques
P.O. Box 846
Wimberley, Tx 78676
Betty Lee Wright
P.O. Box 3
Wimberley, Tx 78676
Helen Young
15 Par View Dr.
Wimberley, Tx 78676
Wimberley Ace Hardware
Rt. 2,. Box 386
Wimberley, Tx 78676
Kasia Zinz
P.O. Box 1292
Wimberely, Tx 78676
Lori Whitten
P.O. Box 1124
Wimberley, Tx 78676
Wimberley Chamber Of
Commerce
Leslie Howe
P.O. Box 12
Wimberley, Tx 78676
Wimberley Family Clinic
Mr. Kenneth Hudspeth
Y Center Unit No. 10
P.O. Box 1869
Wimberley, Tx 78676
PFD ATTACHMENT 4
SOAH DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
Page 1 of 1
LETTERS OF PROTEST, LATE-FILED REQUESTS
FOR IN TERVENTION, AND PETITION SIGNATURES
1.
Letters of protest. including late-filed requests for information. The following shows the
numbers of protestants in the categories named along with relevant dates:
1990
20
1991
2
1992
13
1993
11
1994
1
April 1995
11
May 1995
548
June 1995
454
July 1995
16
2.
Petition signatures. The Wimberly Chamber of Commerce collected approximately 900
signatures on a petition protesting the transmission line. This petition was presented during the public
comment portion of the hearing on the merits on March 6, 1995 and is part of the record.
122.52
(a)
Notice in Licensing Proceedings.
PFD ATTACHMENT 5
SOAH DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
PAGE 1 OF 1
Notice in Electric Licensing Proceedings. In all electric licensing prooeedings except minor boundary
changes and notice of intent and certification proceedings for new electric generating plants, the
applicant shall give notice in the following ways:
(1) Applicant shall publish notice of the applicant's intent to secure a certificate of convenience and
necessity in a newspaper having general circulation in the county or counties where a certificate of
convenience and necessity is being requested, once each week for two consecutive weeks
beginning with the week after the application is filed with the commission. This notice shall
identify in general terms the type of facility if applicable, and the estimated expense associated
with the project. The notice shall further describe in clear, precise language the geographic area
for which the certificate is being requested and the location of all preferred and alternative routes
of the proposed facility. This description should refer to area landmarks, including but not limited
to, geographic landmarks, municipal and county boundary lines, streets, mods, highways, railroad
tracks, and any other readily identifiable points of reference. The notice shall also include the
following statement: 'Persons with questions about this project should contact (name of utility
contact) at (utility contact telephone number). Persons who wish to intervene in the proceeding or
comment upon action sought, should contact the Public Utility Commission of Texas, at 7800
Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility Commission Public
Information Office at (512) 458-0256 or (512) 458-0221 for the text telephone. The deadline for
•
intervention in the proceeding is 70 days after the date the application was filed with the
commission.' Proof of publication of notice shall be in the form of a publisher's affidavit which
shall specify the newspaper(s) in which the notice was published; the county or counties in which
the newspaper(s) is or are of general circulation; and the dates upon which the notice was
published Proof of publication shall be submitted to the commission as soon as available.
(2) Applicant shall, upon or before filing an application, also mail notice of its application, which
shall contain the information as set out in paragraph (1) of this subsection and a map which
clearly and conspicuously illustrates the location of the area for which the certificate is being
requested, including the preferred location and any alternative locations of the proposed facility, to
cities and neighboring utilities providing the same utility service within five miles of the requested
territory or facility. Applicant shall also provide notice to the county government(s) of all
counties in which any portion of the proposed facility or requested territory is located. The notice
provided to county government(s) shall be identical to that provided to cities and neighboring
utilities. An affidavit attesting to the provision of notice to counties shall specify the dates of the
provision of notice and the identity of the individual counties to which such notice was provided.
Before final approval of any modification in the applicant's proposed route(s), applicant shall
provide notice as required under this paragraph to cities, neighboring utilities and county
governments who have not already received such notice.
(3) Applicant shall, upon or before filing an application, mail notice of its application to the owners
of land, as stated on the current county tax roll(sJ who would be directly affected by the requested
certificate, including the preferred location and any alternative location of the proposed facility.
The notice must contain all information required in paragraph (1) of this subsection and a clear
and conspicuous statement that the ownet's land may be directly affected by the preferred route or
one of the alternative routes if the certificate is granted. A map which clearly and conspicuously
illustrates the preferred and any alternative locations of the facility proposed in the application
shall be included. Applicants may provide either a map of the entire proposed route or maps for
each county. Before final approval of any modification in the applicant's proposed route(s),
applicant shall provide notice as required under this paragraph to all directly affected landowners
who have not already received such notice. For the purposes of this paragraph, land is directly
affected if an easement would be obtained over all or a portion of it, or if it contains a habitable
structure that would be within 200 feet of the proposed facility. Proof of notice may be established
by an affidavit affirming that the applicant sent notice by first-class mail to each of the persons
listed as an owner of directly affected land on the current county tax roll(s). Upon the filing of
such proof, the lack of actual notice to any individual landowner will not in and of itself support a
finding that the requirements of this paragraph have not been satisfied.
(4) Failure to provide notice in accordance with this section shall be cause for day-for-day extension
of deadlines for intervention and for commission action on the application.
PFD ATTACHMENT 6
SOAH DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
PAGE 1 OF 18
DOCKET NO. 11014
APPLICATION OF PEDERNALES
ELECTRIC COOPERATIVE, INC.
TO XMEND CERTIFICATE OF
CONVENIENCE AND NECESSITY
FOR PROPOSED TRANSMISSION
LINE WITHIN RAYS COUNTY
§
§
§
§
§
§
PUBLIC UTILITY COMMISSION
OF TEXAS
AFFIDAVITS OF PUBLICATION AND NOTICE
NOW COMES Pedernales Electric Cooperative. Inc. and files the following affidavits in
connection with the above-referenced docket:
W►mber/ev View Publisher's Affidavit:
2.
ti imberlev Vallev News Publisher's Affidavit: and
3.
Affidavit of Mark A. Mayfield.
These affidavits are being filed pursuant to the instructions relating to notice in connection
with the Supplemental Phase of this docket contained in Order No. 32.
Respectfully submitted,
CLARK. THOMAS & WINTERS
A Professional Corporation
B
James F. McNally, Jr.
State Bar No. 13815680
Mark A. Mayfield
State Bar No. 13284390
P.O. Box 1148
Austin, Texas 78767
(512) 472-8800
(512) 474-1129 FAX
^^
_ -
_-^
N
co
ATTORNEYS FOR PEDERNALES ELECTRIC
COOPERATIVE, INC.
134788.1
PFD ATTACHMENT 6
SOAH 1yOCKET'NO. 473-95-1165
PUC DOCKET NO. 11014
PAGE 20F18
Holly Media Group, Inc
.
Wimberley View Kyle Eagle Century-News
P.O. Box 49. Wimberley, Texas 78676
(512) 847-2202
State of Texas
County of Hays
Before me, the undersigned authority, on this day personally
appeared Mary U. Saunders, who being by me here and now duly sworn, upon
oath says:
My name is Mary U. Saunders- and I am the Publisher. of the
a newspaper of general circulation in
Hays County, Te
a d a newspaper which has been regularly and continuously
published in
J, Hays County, Texas, for a period of more than
one year immediately pr eding the date of publications of the following, and
that the said notice, a copy of which follows, was p ublished in the regular
edition of said newspaper for a period of
on the following dates:
19
19-!Jj^
19
19
The said Publisher further states that the rate charged for this
publication is the lowest rate charged commercial to commercial aduertisers
for the same class as aduertising for a like amount of space.
^
Signatu e ot
Subscribed
and
Mary U, Saunders this
day of
which witness my hand and seal of office.
t•
^
s
JAP«'ES S. GORE
^av^^e„
:,•^^ ` •s W^inascrs^c ►k2^1W
••: ,; ..^^
Sworn
to
C
fiant
me,
by the said
, 1996 to certify
RRY PUBLIC in and for
ags County, Texas
Commission expires
. .2
1^^
-7--
PFD ATTACHMENT 6
SOAH DOCKET NO. 473-95-1165
UC DC
NO. 11014
SaturtiaT. April 1. 1996 - Wlmperley view p a se1
S pAGE 3 OF 18
E,EGA L A p
or
,
NOTICE OF F ActatLlTlr cTtrnv ANe oone.,.
0
ALTFHNATIVE ROUTF
s
Notice is hereby given that Pedemates Electric Coooe
►atnre. Inc.
('Pedemates') is seeking to secure a Certificate of Convenience inc
Nk"stN to construct a 138 kV transmission line that is the subject of
Docket No. 11014: Appf^^n of Pedemares Eleetnc
Coooera^, inc. to
•
.
L
irot
n.
•
e
i,
a
•
Amenv Certnccare of Convenience ana Necessity for Proposea
Tronsinrtaron line Within Mays
County. Texas, now oenotng before the
Public L%My
Comnrssan of Texas, this docket nas Olin ^ ^^g
th e MmOistion at study to determine the feasipoNty of
the Proposed
mm line Underground. This feanbstu ,^^
conducted as a part of a
uvoiernentaf phase of
The proposed unaerground portion of the^^ Docket No. 11014.
^n^n^^ 1^ t^
proposeo route would be
long inc is more oarpcuyrtv descrop^ p^ow,
Beginning
at a pomt aoproximatety 300 feet west of the southwest
comer of the property of William Parks Johnson. Jr. . a transition wm be
made from an overhead transmission pne to an underground trans.
mission tone. From this point the remarnder of the line into the Wimbenev
Substation will be unde
^. The uriderground Portion of the long will
travsrss Property belonging
to John
L. Buvens. Jr.. approximately 20 !
property line with the Y Center. As the route
►aPWOaches Ranch Road 12. it will gently curve in a northwesterly do.
ecoon away from the property boundary shared with the Y Center. The
underground transmission line will cross Ranch Road 12. cross the
Pat" lot between the Ace Hardware store on the north and the office
of Charles Waryck. 0. 0. S. and the apartment Puddings on the south.
anQ continue across F.M. 2325 into the Wimbsney Substation, the
southern tearnrxn of the Proposed line.
feet from the common
This
routs as dspiclrad on the map yLlslsd as Exhibit A.
The esttmatsd expense asaoGUed with this portion of the proposed
transomillosiOn line is unknown at this time, and is one of the subfects the
P«taitg feasibility study will addnass.
bsfpn
;t
^•
2)
Addftn&w. notice is twrsby given that Pedemates also intends to secure
a Certificate of Convenience and Necessity in Docket No. 11014 for an
alt0mative route (the 'Proposed Alternative Route') into the Wimberfsy
Substation. The Proposed Alternative Route 1s being considered as an
Memo" to the route desCribm above and d
in Exhibit A. The
Proposed Altennapw Route will connect the propos^d
^ line to
the rrnberley Substaeon,
The
Alternative Route will traverse the following ^a
From
southwest
comer of
the
^ line
Property
of ^ Johnson.
am parks
Jr., the Proposed
in a
►
ecson for appr, 230 feet across Property identified
j^
ames•
on the Hays County Appraisal District map. to a point
of MIW$scoon
McCrockfin Tr.
with
of J. H. MeCroeldin. The transmission line
will traverae the MeCr^
odcMn
' property paraWl to and approximately 30
feet north of the
Feed. Inc.. and continue
across Ranch R^^n►uat
M nor^th ^^
of Ranch
and F. M. 2325. The line will then cross F.
^M232
5 ana enter the
S a+drastern corner of the Wimberley Substation.
This route is delaesed on Exht^it 8.
up•
Ask
-
CN
Penwft with 4UOso: about this prolect should contact Will Dahmann at
Pedernales
to intervene in the proceedorq
Cooperative. Inc, u(210) 868-7155. Persons wtq won
or comment upon the action
7 00 sought Should
contact the Public Utility Comm ission of T
exas. at 8
8oulsrard, Austin. Texas 78757. or call the Public Utoky Commission PC reek
Information Office at (
512) 458-0256 or (512) 458.0221 for the text
teleW+ons.
xt
Accorang to Order No. 34 in Docket No. 11014. the deadline for
intervention in the suppNnt ♦
ntat phase of this proceedng snail be Thursday,
April 20. 1995,
s
PFD ATTACHMENT 6
SOAH DOCKET O. 433-9 1165
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PFD ATTACHMENT 6
SOAH DOCKET NO. 473-95-1165
C DOCKET ES OF 18
Satnsdav. April S. 1995 - WimberieF
View Page ^
L A D PUBLIC N
NOTIC
Notice is hereby gi ven
( 'Pedemates') IS Seeking toth^ m^s Electric Cooperative. Inc. l
Necessnv to construct a 138 secure a Certificate of Convenience and 1
of i
Docket No. 11014; ADplicaton kV transmission line that is the sublect
Of Pedemares E/acttic Cooperative. Inc. to I
Amend Certificate of Convenience and Necessity
for Proposao 1
;
=o ne Within Wavs
County Texas. now pending before the I
Public Utility Com
mission of Texas. This docket has been recessed Oenian
the comolstwn of a study to determine the feasibddv of l
qI
the proposed transmission 'I underground. This le
^^ a^^ or t
Con0llCted as a can of a S^
^ m^ 1a Oe1nQ
^al Phase or Pending Docket No. 11014.
The proposed unds
approximatetq 1000 f"rgrouna oortton of the proposed route would be I
^^ is more particularly descnoed below
Beginning at a pant
comer Of the Property ofapproximately 300 feet west of the soumwest
Wftarri Parks Johnson. Jr. . a irarmnon will be
made from an overhead transmission hne to an und
rrusston fine- From this PM the remainder of the line into the yy,ntrans.
Substation will be undsrt^ot^The und
n°^r
underground Pon= of the hne will
traverse Property belonging
to
John
L
Bwena.
Jr..
approximately
20
feet from the common
lin
approaches Ranch Road t^^w^l e with the Y Center. As the route I
gently
gently curve in a northwesterly dtMilan away from the
property bound" snared with the
Y Center. The
underground
transmission
line will cross Ranch Road 12. cross the
of
Parking lot between the Ace H
ardware store on the norm and the office
Charles Wartick, D. 0. S. and
the apartment
and continue across F.M.
^s on the South.
2325 into the wimberley Substation. the
( "hem tenrnrxn Of the
Proposed line .
IThis route rs dep=ed on the
r
^^ as Exhibit A.
The estimated expense
associated
with this portion of the proposed
transmission line is un
known at this time, and is o no
of the subpcts the
Pending feasibility study Will addrass,
is hereby given that Pedemalss also
a CCA^^.
ertifica tenotice
intends to secure i
e of Convenience and N
altemattvs route ( the 'Pro
^ft in Docket No. 11014 for an I
posed Alternative Route') into the Wimbeney I
ubstatpn. The Proposed Alternative Route is be" considered as an i
alternative to the route described above and depicted in Exhibit A. The
Afte
^ "is
^
Wmbert ey ^ wo connect the proposed transimm+an line to j
S
The Proposed Alternative Route will traverse the f
ollowing
Fm the so
of the property of William
^^ .
Jrr^ Proposed transmission
^t+on line will continue in a
^' .
A^roctdirt Tr. on _ theHays
230 feet across property lde^,^as imige
^^^ District rnap. to a point
^^ersecaon with
Property of J. H. McCrockMn. The transnta^ line
t^ traverse
^^r^Mn property parallel to and approximately 30
Wo shared
Fad. Inc.. and Continue
across Ranch
A^^^just norof the intersection of Ranch Road 12
and F.
M. 2325. The ^ will than cross
^ 2 5 and enter the
sautMastem comer of the Wintbmigy Substation.
This route is depicted on Exhibit 8.
P^ Eesnons about this protect should contact Will Dahmann at
Inc. at (210) 868•7155. Persons who wish
I to intervene
in the Proceeding or eoffirnoM t4m the action sought should
contact the Public Utility Commesston of Texas. at 7800 Shoal Creek 1
Boukvaw. Austin. Texas 78757. or can the Public Utility
Information
office at (512) 458-0256 or (512) 45-0221^to^r^mne text l
t^ 9 to Order No. 34 in Docket No.
11014. the deadline for I
,nteNe
= the supplemental ohase of this Drcceeainc s^a • ce Ti-,zoav l
^^..^..nnon in
PFD ATTACffi1IENT 6
3-95-1165
5OAH D'OC
PUC OCftT 0.11014
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PFD ATTACHMENT 6
SOAH DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
PAGE 7 OF 18
AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF HAYS
BEFORE M
E, the undersigned authontv, on this day personally appeared Dale Roberson,
publisher or the WIMBERLEY VALLEY
NEWS. who, being by me duly sworn. upon oath
deposes and says:
That the attached LEGAL NOTICE was published in the WIMBERLEY
VALLEY NEWS, a
newspaper published in the English language, published in Wimberley, Texas, and having a
general circulation within the City of WIMBERLEY.
Texas, and the COUNTY OF HAYS,
TEXAS, in the following issues:
v..f v-;^'
and that the attached newspaper clipping is a true and correct copy of said published notice.
._..wt
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V1CKIE J. HENNINGER
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Da!e Roberson
•' NaWY Puoft sW a ToW
MY cowafto Evft
OCT. 7,1998
SWOR
ED BEFORE ME this
-day -P ri ^
Notary
19qs
blic
PFD ATTACHMENT 6
5OAH DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
PAGE 8OF18
Wimbtrke Valles News
NOTICE OF
Maecd 30. 1995
PW 13
with am Portion at the oropoa,e trans.
^nAstaoa line Y uaOo't^ K UM ®e,
AND PROPOSED
AL•TEANATTVE RO(rrF
Notice is hereby gives Ilia t
Pedwooln gleam Cooperosave. Inc
;'l^sdt^ita' / is ntlca8 o te^ a t;tr•
Ifime at Cooveswnao and Ne.a^ev to
:omaaa a 011W tramm^taewa 1tw tlsat
MW Y as. of UN qbteOO an pa9^Ot
(eat,Mhtv satt,v, rwill tddtra.
AdltOoaWv. ttoaaa is bt^bv pvse
that Padtf^tt! Man d7tadM to tYi^^ a
Certlfltar of Coevsvsoaa and Necs.
stc^► m Oodr.c Me. 11014 for on agAron.
uve maw ttes 'Ptopoao AIM="
Rom*) woo the Vrtm6arltr Sttltmm.
is the tobftac of Docket No. 11014: Ap - The proposed Mttnrava Row n ea.
pfiartton of PsQnwdv Fleanr t:oop - to8 aoossdaad as to a1lanaw b the
eema^e. !wc a^ Caryioms of Co... towa dara^0ad abow at+d dapchid m
r^ouaer esd Neeasaan jnr Prosarey Fathibit A. The Pro Pana Alertwovr
Troaatuuavw limt Widiw Haw Cootnr. Rom will oaooea as proposed aim.
Tcmr. now pending bafote on Public ttustnoo hoe to the WisaberMr sttpsta.
Uolitq Ca^mms:moa ot Te^tas. Ibis doeloet uoa.
has head taeassd peodta` the compaThe Ptoposro Mtaaaave Roars
tioo of a study to daemme the faastbtl- will traverse at to(b.m; mum
gty of locusts a portion of the popo.ad
Etom• am SOUtbWQK Corner of
araasetaa^ hoe underground. This feathe pWpertr of WiBiata- Paels
stbtiiry study is being conducted as a part
Jobdon,lr.. tbe popond traosof a suppietnestal phase at pending
misaoe has will oootmw to a
Do" No.11014.
soudinesterfy direction for apThe popoad aoate8tottad portion
pro:smatslr 230 feet across
of the propound raisin roaW be appeoxtptopMr Identified MI JIMInes A.
mately 1000 feet long and is own parMeCroctlto Tr. on the Hays
aa>iarly dnasbad below:
County Appraisal District map.
Btpsem8 at a pumt appwtsmmtiv
to a point of toossxoots with
300 Eeet west of the awrbwt oorptopesq of J.H. Mdrodtam.
oar of the property of N► 'tilom
The eoosmt:aoa hoe will traPub Jo6otoo. Jr.. a houseman
•asa the MeCioe#lis piopetey
wig be made from an overhead
Pan" 10 ad appnnmmmy 30
tras^tsssoa but to an underfeet tax of the praperty bee
grained traosmasaoo 1^. From
shatad wnth King Feed. Inc- and
this point the ttaoatodc ot the line
continue across Ranch Road 12.
mw the Wimbairy Substation will
Just north of the warascu" of
be asderpoupd. The md^evtmd
Rauch Road 12 and F.M. 2325.
portion at the It" will
The line will thee cross F.M.
ptoptrq belooguig to John L.
2325 and eater the aouteeaattaii
Bttwss./r_ apptaottmatdr 20 feet
corner at the Wimberlev
6od me commoa propoity line
Sabellian,
with t!e Y Center. As the raw*
This route a depicted on Exhibit B.
appsvae6es Ranch Road 12. it will
Pet
inch questions about ans
goody curve in a oottbwoswiv diproject sbouid aootaa Will Dahmaon at
roettoo "my how, the propt:ty
Pedtfmales Electric Cooperative. Inc.. at
bomdtry shared with the Y Cen(210) 868-7135. Pesoat who wish to
ter. The underground aa^mt:s,oa
imsveee in tbs peoo»tYos or aommavot
line will cron Ranch Rood 12.
upon the nation sought aboulif contact
cross do parking lot lesvwa on
he Public Utility Commosswo oi Texaa
Ace Hardware stots on the ttose
at 7800 Sboal Crack Botdevatd. Aaso.
and the office of Cbadta Wariiak.
Texas- 78757. or call the Public UWitv
DDS. and do apartmeat ^IdComnnsstoa Public Information OfIrke
ulp.oa She eOQk, and o0otame.
u(512) 458-0256 at (51.2) 458-0221 for
across F.M. 2325 into the Wimthe wu telepeoea
beby Substation. the snutbea terManacling to Order No. 34 to
mmot<of the proposed has.
Docket No. 11014. the deadline for toThis time is depicted Co the map labeled terveeooo in the suppiemeam phase at
as F^t6ibis A.
this ptooeedm; shall be Tbunday. April
The Summed expense associated 20. 1995.
♦
♦
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SOAH DOCKET NO. 473-95-1165
PUC DO
11014
PAlf OF 18
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PFD ATTACHMENT 6
SOAR DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
PAGE 10 OF 18
Wimbrieier Valley New
NOTiCE OF
AND PROPOSED
ALTERNATIVE ROUTE
April 6.1995
PatlM 13
with an Peru= of die Prep"M VMS.
arsaa tans a uotaows an this ume.
and in one or the woseea an oeomot
fesabduv t;uidy TAU address.
AddtaoaWv. oooa a oenpr gtwso
That Pedersaaa also m,aet to "cm a
certifime of Convenience am mom.
uty a Doeim No. 11014 for so alum.
nve mom (tbe 'Ptopoao Alteeasuvw
Rour' ) into on Wimbsrasy Substaooo.
T6e peopoed Alrmaw Rouv a oema moadum at an gvtaaaw to the
roula described above god depicted to
Exhibit A. The Proposed Altereuve
Roob will ooaosot dw peoposep ago.
masroo has in On Wimbsrley Submit.
am
ThWPtopossd Altassaw Rouoe
will aaverse an toUohss Mute:
From the southwest ooroer at
the property of Wipium• pab
Johaom Jr- the Proposed am.
mistoa Loe will eoatoue m a
saatJ^ely doecaoa for ap.
The PoPosid
proxnsarNy 230 feet across
, P
PaM
of the pvpond ram would be appiau.
peopsRy tdmafied a Juice A.
maWy 1000 feet long sad is main perMeCsoci:lin It. on the Hays
oauiaHy descabed below:
County APPeaa1 Disaxt map.
Begiom; st a poet appoaaardy
to a peas Of WtaUcam with
30D tatwarcof tre ootMwsceorpop=%y of J.A. Mdlvclsla.
oar of the pivpeey of WMiam
The ttaoamoo line will traPaft Johann. Jr.. a astaooa
verss do McCiocidis property
will be node 6va an oat,ss^d
pt:aWi b ad apptaoumatdy 30
a7Qenumo0 line to a adeh
fast soft of the poperty hoe
Paad Qafauwpo has. From
shnod with King Fa& Inc- and
this pomc ttte naaader of tbe Line
ccoaemoe across Rsoeh Road 12.
mto the Wimberley Subtimuou will
just eoeth of the mterseaiou of
be aoderpaad. The nodagraad
Ranch Road 12 and F.M. 2325.
1, no of die Jim will
The line will then atoa F.M.
ptvperty belonging to John L.
2325 and cow die routheastecn
Buwss. Jr_ appsaotaurly 20 feet
corner of the Wimberley
from the ooamoo papsrty tine
Snbtadoa.
with dw Y Cesar. As dw tome
Tbis:ouse is depicied on Exhibit B.
approaches Rani Rosd a it will
Peesoat with qusooa about this
Seedy curve to a aoetbwartiy dipioJeet sbouW aootau Will Dahmana at
rxtioo away from on piopesy
Pedsaaala F•lecate C.oopaauva Inc.. at
boatdary, s6aud with the Y Caa(210) 96&7155. Pet
wbo wish to
ter. IUe underpoaod tRammta^oo
interwse to the proceeding or commiat
tins will crew Reach Road 12.
upon dw seam sought should contact
croadial 21- What
60
be Public Utility Commmsm of Texas.
Ace Hardww saint on do soft
at 7'00 Shoal Gedr Boidevard Austin.
and the office of Charles Wsriiek.
Texas 78757. or dl the Public Utility
D.D.S. acid the apaetamoe luiWCormms Public lafamaaoo Office
m=t on the somi, and aoassue
at(312)4584256orI512)458-0221 for
acioa F.M. 2323 into the Wimthe Iat teleQbose.
betley Subwood ms aoiubeee tsrAccording to Order No. 34 to
nusa o( do proposed fim
Docket No. 11014. the deadline for mThis rows a depicted on the amp labeled terveaooo to the suQpieanental pbase or
as Exhibit A.
this ptooeedmS shall be Tbursday. April
The esumwd expeini associated 20. 1995.
Notice is hereby given tbat
Pederimla Elecae E:oopraove. inc.
('PedeerYr' ) a safta6 to mimes, a Car.
atlaro or Coovenaaaa ad Nearatv to
cooseaec a 13akV baooawoo Iae mat
is the a0fea of Docket No. 11014: APP4cmos aY Peaenrlet F1Ktrte CoooeMMV. /K to ANOW Cae#iasor of Con.
rer+iwn said Necwaw Jivr Proposam!
Trorawaaas UW WirlslMf Maps CoWIM
Tcam now peedly bdor the Pubic
UW*Ca^of Tesaa, This doeJac
6as been nomad peod" dw eoapy.
tioa of a Study to deMM t0e fentbd.
try of locating a paooa at the popwed
aaasmuaoo boe usdsrvia' Ibis hasibility aady a being ooodua.d an a pert
of a suppieniestal, Phase of Pending
Docket No. 11014.
6
PUC DOCKET NO.1
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PFD ATTACHMENT 6
SOAH DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
PAGE 12 OF 18
DOCKET NO. 11014
APPLICATION OF PEDERNALES
ELECTRIC COOPERATIVE, INC.
TO AMEND CERTIFICATE OF
CONVENIENCE AND NECESSITY
FOR PROPOSED TRANSMISSION
LINE WITHIN HAYS COUNTY
$
§
§
§
§
§
PUBLIC UTILITY COMMISSION
OF TEXAS
AFFIDAVIT
STATE OF TEXAS
COUNTY OF TRAVIS
§
§
§
BEFORE ME the undersigned authority, on this day personally appeared Mark A.
^tayfield. known to me to be the person whose name is subscribed hereunder, and having been
duly sworn, upon his oath. deposes and states as follows:
1.
"^1^Iy name is Mark A. Mayfield. I am over the age of twenty-one years, have
never been convicted of a felony, and I am fully competent and able to testify to the matters
stated herein. I have personal knowledge of each of the facts stated herein and the facts are true
and correct.
2.
"1 am one of the attorneys representing Pedernales Electric Cooperative. Inc. in
connection with the above-captioned docket.
3.
"On June 24, 1994, Pedernales Electric Cooperative, Inc. filed an Amended and
Restated Application in connection with this docket.
4.
"On March 6, 1995, the hearing on the merits of this docket began.
5.
"On March 10, 1995, the hearing was recessed until May 22, 1995, to allow
Pedernales Electric Cooperative, Inc. time to study the feasibility of locating a portion of the
134744.1
PFD ATTACHMENT 6
SOAH DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
PAGE 13 OF 18
proposed transmission line underground.
6
"In connecnon with the preparation of the feasibility study. Pedernales Electric
Cooperanve. Inc. was instructed to provide notice of the teaslbilitv study by direct mail.
"On April 10. 1995. 1 directed personnel in my office to mail, by first class mail
and by certified mail, return receipt requested, the notice attached to this Affidavit as Exhibit A
to all property owners owning land through which the potential underground line would traverse
and to property owners owning habitable structures within 200 feet of its centerline.
A list of
persons and entities to whom notice was mailed is attached to this Affidavit as Exhibit B.
8.
"The notice attached as Exhibit A was also sent,
on April 11. 1995. to the County
Judge of Hays County
and to the Wimberley Chamber of Commerce via first class mail and by
certified mail, return receipt requested."
Further Affiant sayeth not.
Mark A. Mayfield
SWORN TO AND SUBSCRIBED BEFORE ME by Mark A. Mayfield on the 21 st day
of April, 1995. to certify which witness my hand and seal of office.
i1
-aLc-itttJ-- J C^ La J-(IA UFiETTA T. Gu18T
o
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^
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134744.1
OCT.14^ i>i9d
Notary Public, State of Texas (Seal)
PFD ATTACHMENT 6
SOAH DOCKET lYO. 473-95-1165
PUC DOCKET NO. 11014
PAGE 14 OF 18
NOTICE OF FEASIBILITY STUDY
AND PROPOSED ALTERNATIVE ROUTE
Notice is hereby given that Pedernales Electric Cooperative. inc. ("Pedernales") is seeking
to secure a Certificate of Convenience and Necessity to construct a 138 kV transmission line that
is the subject of Docket No. 11014; Application of Pedernales Electric Cooperative. Inc. to
Amend Certificate of Convenience and Necessitv for Proposed Transmission Line Within Havs
Countv. Texas. now pending before the Public Utility Commission of Texas. This docket has
been recessed pending the completion of a study to determine the feasibility of locating a portion
of the proposed transmission line underground. This feasibility study is being conducted as a part
of a supplemental phase of pending Docket No. 11014.
The proposed underground portion of the proposed route would be approximately 1000
feet long and is more particularly described below:
Beginning at a point approximately 300 feet west of the southwest corner of the
property of William Parks Johnson, Jr., a transition will be made from an
overhead transmission line to an underground transmission line. From this point
the remainder of the line into the Wimberiey Substation will be underground. The
underground portion of the line will traverse property belonging to John L.
Buvens. Jr., approximately 20 feet from the common property line with the Y
Center. As the route approaches Ranch Road 12, it will gently curve in a
northwesterly direction away from the property boundary shared with the Y
Center. The underground
.ssion line will cross Ranch Road 12, cross the
parking lot between the Ace Hardware store on the north and the office of Charles
Warlick, D.D.S. and the apartment buildings on the south, and continue across
F.M. 2325 into the Wimberley Substation, the southern terminus of the proposed
line.
This route is depicted on the map labeled as Exhibit A.
The estimated expense associated with this portion of the proposed transmission line is
unknown at this time, and is one of the subjects the pending feasibility study will address.
► 3t.a3.t
EXHIBIT A
PFD ATTACHMENT 6
SOAH DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
PAGE 15 OF 18
Additionally, nonce is hereby given that Pedernales also intends to secure a Certificate
of Convenience and Necessity in Docket No. 11014 for an alternative route ithe "Proposed
Alternative Route") into the Wimberley Substation.
The Proposed Alternative Route is being
considered as an alternative to the route described above and depicted in Exhibit A.
The
Proposed Alternative Route will connect the proposed transmission line to the Wimberley
Substation.
The Proposed Alternative Route will traverse the following route:
From the southwest corner of the property of William Parks Johnson. Jr., the
proposed transmission line will continue in a southwesterly direction for
approximately 230 feet across property identified as James A. McCrocklin Tr. on
the Hays County Appraisal District map, to a point of intersection with property
of J.H. McCrocklin. The transmission line will traverse the McCrocklin property
parallel to and approximately 30 feet north of the property line shared with King
Feed, Inc., and continue across Ranch Road 12, just north of the intersection of
Ranch Road 12 and F.M. 2325. The line will then cross F.M. 2325 and enter the
southeastern corner of the Wimberley Substation.
This route is depicted on Exhibit B.
Persons with questions about this project should contact Will Dahmann at Pedernales
Electric Cooperative, Inc. at (210) 868-7155. Persons who wish to intervene in the proceeding
or comment upon the action sought should contact the Public Utility Commission of Texas, at
7800 Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility
Commission Public
Infonmation Office at (512) 458-0256 or (512) 458-0221 for the text telephone.
According to Order No. 34 in Docket No. 11014, the deadline for intervention in the
supplemental phase of this proceeding shall be Thursday, April 20, 1995.
131443.1
2
PUC DOCKET NO. 11014
PAG^^6OF18
/
/
/
y
S
0
LEGEND
;00
FEET
1000
•^ ^ ^ PROPOSED OVERHEAD
TRANSMISSION LINE
' - ^- PROPOSED UNDERGROUND
TRANSMISSION LINE
EXHIBIT A
SOAH DOCKET NO. 473- PUC DOCKET NO. 11014
PAGE 17PF18
I
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William
Parks 11 Johnson,
^
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Bu•ens, jr.
Ccc^cc
IMM A.
McCtoc►1 n Tr
sop
44,
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LEGEND
S
500
1000
• ^ ^ ^ PROPOSED OVERHEAD
TRANSMISSION LINE
FEET
E^^HIBIT B
Jr.
PFD ATTACHMENT 6
SOAR DOCKET NO. 473-95-1165
PUC DOCKET NO. 11014
PAGE 18 OF 18
WILLIAM PARKS JOHNSON. JR.
ROUTE 2 BOX 124
WTMBERLEY TX 78676
JOHN L BUVENS JR TRUSTEE
PO BOX 1736
WiMBERLEY TX 78676-1736
WALTER AND OLIN SANSOM
ROUTE 2 BOX 47H
MANOR TX 78653
THE Y LTD
PO BOX 2
WTMBERLEY. TX 76767
CHIP ROSS
PO BOX 1050
WIlMBERLEY TX 78676
JAMES H McCROCKLIN TRUSTEE OF
JOHNNIE L MCNEILL TRUST
PO BOX 2
WIMBERLEY TX 78676
JOHN E KINGREY
WK&K CORP
ROUTE 2 BOX 386
WIMBERLEY TX 78676
ROBERT L BROWN
PO BOX 250
PREMONT TX 78375
CHARLES E WARLICK JR DDS
PO BOX 679
WIlvIBERLEY TX 78676
134783.1
JH McCROCKLIN
PO BOX 2
WIIaERLEY TX 78676
ROSS KING
KING FEED CO INC
PO BOX 110
WIINiBERLEY TX 78676
EXHIBIT B
.
r
PUC DOCKET NO. 11014
SOAH DOCKET NO. 473-95-1165
APPLICATION OF PEDERNALES
§
ELECTRIC COOPERATIVE, INC. TO
§
AMEND CERTIFICATE OF
CONVENIENCE AND NECESSITY FOR
§
§
PROPOSED TRANSMISSION LINE
§
WITHIN HAYS COUNTY
§
PUBLIC UTILITY COMMISSION
OF TEXAS
PROPOSED ORDER
In open meeting at its offices in Austin, Texas, the Public Utility Commission of Texas
(Commission) finds that this docket was processed by an Administrative Law Judge (ALJ)
in
accordance with applicable statutes and Commission rules. The ALJ's Proposal for Decision (PFD),
containing findings of fact and conclusions of law, is ADOPTED and INCORPORATED by reference
in this Order.
The Commission issues the following order:
1
-
The application of Pedernales Electric Cooperative, Inc. (Pedernales) to amend its certificate of
convenience and necessity for a proposed transmission line in Hays County is GRANTED to the
extent it is consistent with the PFD, and CCN No. 30128 is AMENDED to include the
transmission facilities described in the amended application as modified by the PFD.
2.
Prior to the beginning of construction, Pedernales SHALL employ an appropriate professional
to conduct a detailed survey of cultural resource site 41 HY198 and, following the survey, take
appropriate mitigation strategies to minimize damage to the site.
3
In clearing right of way, Pedernales SHALL be selective and avoid clear-cutting, trimming and
spanning over trees where possible.
r
Y
PUC DOCKET NO. 11014
SOAH DOCKET NO. 473-95-1165
4.
PROPOSED ORDER
PAGE 2
Pedernales SHALL implement erosion control measures during and after construction, including
returning the site to its original contours and grades and using a mix of native plant species to
re-vegetate the area.
5.
Based on suggestions made by state and federal agencies, Pedernales SHALL take the following
measures:
6.
a.
Right-of-way clearing near the river should be eliminated. Many of the plant species
present at the river may not attain a height at maturity which would be a problem to
power lines. Only the trees which may fall into or touch the lines should be removed.
b.
Flora and fauna should be minimally disturbed during construction. Construction sites
should be reclaimed with grasses and leguminous forbs native to the area.
c.
Erosion control measures during and after construction should be implemented,
including returning the site to its original contours and grades and using a mix of native
plant species to revegetate the area.
d.
Chemical herbicides for controlling vegetation shall not be used within the right-of-way
near stream or river crossings and use of chemical herbicides in all other areas should be
avoided if at all possible.
e.
Construction should occur only during dry periods.
Pedernales SHALL consult with a landowner prior to placing poles on that landowner's
property to address the landowner's aesthetic concerns.
7.
Pedernales SHALL subject the entire right-of-way to an archeological survey to be conducted
by a qualified archeologist prior to construction.
8.
Pedernales is not required to conduct further surveys for endangered or threatened species,
those it has already conducted being adequate.
9.
Pedernales SHALL comply with all mitigation recommendations from appropriate agencies.
.
^
PUC DOCKET NO. 11014
SOAH DOCKET NO. 473-95-1165
10.
PROPOSED ORDER
PAGE 3
All motions, applications, and requests for entry of specific findings of fact and conclusions of
law, and other requests for relief, general and specific, if not expressly granted herein are
DENIED for want of merit.
SIGNED AT AUSTIN, TEXAS the
day of October 1995.
PUBLIC UTILITY COMMISSION OF TEXAS
PAT WOOD, III, CHAIRMAN
ROBERT W. GEE, COMMISSIONER
JUDY WALSH, COMMISSIONER
ATTEST:
PAULA MUELLER
SECRETARY OF THE COMMISSION
DOCKET NO. 11014
(Y
APPLICATION OF PEDERNALES
ELECTRIC COOPERATIVE, INC. TO
AMEND CERTIFICATE OF
CONVENIENCE AND NECESSITY FOR
§
§
§
§
PROPOSED TRANSMISSION LINE
§
PUBLIC UTILITY COMMISSION
OF TEXAS
WITHIN HAYS COUNTY
ORDER NO. 40
RULING ON PEC'S MOTION TO STRIKE PORTIONS
OF REPLY BRIEF OF RPC INVESTMENTS, INC.
On August 3, 1995, Pedernales Electric Cooperative, Inc. (PEC) filed its Motion to Strike Portions
of Reply Brief of RPC Investments, Inc. (the Motion). On August 7, 1995, RPC Investments, Inc. (RPC)
filed its Response.
In its Motion, PEC requests that the document entitled "Comments by Roberta P. Crenshaw" (the
Comments) attached to RPC's Reply Brief be stricken because it contains statements and allegations not
included in the record evidence, which, PEC argues, the Comments attempts to supplement. As such, PEC
avers, the document is inappropriate and improper. In its Response, RPC argues that PEC's Motion
should be denied because PEC fails to specify which part of the Comments is objectionable and
unsupported by record evidence, and because such lack of detail disables RPC from responding adequately.
Further, states RPC, Mrs. Crenshaw's commentary merely speaks for itself.
The Administrative Law Judge (ALJ) FINDS that "the Comments", in its entirety, is a statement of
fact and, the time for receiving statements of fact in this proceeding having long passed, is an improper
element for RPC to include in its brief. RPC's argument that PEC's Motion should be denied for lack of
specificity is not persuasive because the entire document is a statement of fact and specificity is, therefore,
not required to bring the issue into focus.
The ALJ would agree with RPC that Mrs. Crenshaw's
commentary speaks for itself; unfortunately, it speaks too late.
PEC's Motion is GRANTED; the document entitled "Comments by Roberta P. Crenshaw"
attached to RPC's Reply Brief is hereby STRICKEN.
SIGNED AT AUSTIN, TEXAS the 10- -^day of August, 1995.
UTILITY COMMISSION OF TEXAS
KING ANDRIES
INISTRATIVE LAW JUDGE
C
DOCKET NO._ 11014
APPLICATION OF PEDERNAa,W8 - I §N
ELECTRIC COOPERATIVE, INC.
TO AMEND CERTIFICATE OF
CONVENIENCE AND NECESSITY
FOR PROPOSED TRANSMISSION
LINE WITHIN HAYS COUNTY
kBLIC UTILITY COMMISSION
§
OF TEXAS
§
§
ORDER NO. 33
CORRECTING ORDER NO. 32
On February 1, 1995, counsel for Pedernales Electric Cooperative, Inc., (PEC) filed a
letter requesting clarification of Order No. 32, which was issued on January 31, 1995. Counsel
pointed out a portion of General Counsel's request for extension of time, upon which Order No.
32 was based, that the Examiner had overlooked. Accordingly, the following is ordered as an
addition to, and a correction of, Order No. 32.
Pursuant to the agreement among RPC Investments, Inc., PEC, and General Counsel as
expressed in General Counsel's request for extension filed January 26, 1995, all procedural
deadlines in this docket are hereby GRANTED A ONE-WEEK EXTENSION, except for the
hearing on the merits, which will remain scheduled for March 6, 1995, and for the filing of Stairs
testimony, which was already granted an extension under Order No. 32.
SIGNED AT AUSTIN, TEXAS on the
S% day of February 1995.
UTILITY COMMISSION OF TEXAS
'A KING ANDRIES
,ARINGS EXAMINER
.
^^► ^
^^
DOCKET NO. 11014
APPLICATION OF PEDERNALES
ELECTRIC COOPERATIVE, INC. TO
AMEND CERTIFICATE OF
CONVENIENCE AND NECESSITY FOR
PROPOSED TRANSMISSION LINE
WITHIN HAYS COUNTY
§
§
PUBLIC UTILITY COMMISSION
1`:.I
§
u
OF TEXAS
§
§
§
ORDER NO. 32
GRANTING FIVE DAYS FOR FILING
RESPONSES TO MOTIONS FOR INTERVENTION
On April 6, 1995, Mr. B. L. Johnson and Mr. John E. Kingrey each filed a motion to intervene
in this proceeding, copies of which are attached for the parties' convenience.
The parties to this
proceeding SHALL have five days from the date of this order to file any responses and/or objections to
the motions.
ulSIGNED AT AUSTIN, TEXAS the It ^day of April 1995.
UTILITY COMMISSION OF TEXAS
A KING ANDRIES
,ARINGS EXAMINER
( J _,7
DOCKET NO.,..11014
^s
APPLICATION OF PEDERNALES
ELECTRIC COOPERATIVE, INC.
TO AMEND CERTIFICATE OF
CONVENIENCE AND NECESSITY
FOR PROPOSED TRANSMISSION
LINE WITHIN HAYS COUNTY
1
^V
kBtgC?,; UTILITY COMMISSION
^i
c• .,^'xr
S ^^ j^; ,
§
^
^
^ "'t^
?OF TEXAS
ORDER NO. 32
GRANTING GENERAL COUNSEL'S
REQUEST FOR EXTENSION OF TIME
On January 26, 1995, General Counsel filed a letter addressed to Judge O'Malley
requesting a one-week extension of the deadline for filing Staff testimony to allow Staff to visit a
site traversed by the Cooperative's proposed transmission line. General Counsel states that the
visit is necessary because of issues raised by RPC Investments' direct testimony. General Counsel
also states that attorneys for RPC Investments and the Cooperative have no objection to the
requested extension.
Accordingly, General Counsel's request is GRANTED. General Counsel's deadline for
filing testimony will be Friday, February 3, 1995.
General Counsel is reminded that this docket was transferred to the undersigned from
Judge O'Malley on December 29, 1994, as noted in Examiner's Order No. 31.
SIGNED AT AUSTIN, TEXAS on the 31
day of January 1995.
UTILITY COMMISSION OF TEXAS
Ir
F1VA KING ANDRIES
HEARINGS EXAMINER
DOCKET NO. 11014
^^
APPLICATION OF PEDERNALES
ELECTRIC COOPERATIVE, INC. TO
§
§
PUBLIC UTILITY COMMISSION
..^$
,
OF TEXAS
AMEND CERTIFICATE OF CONVENIENCE §
AND NECESSITY FOR PROPOSED
TRANSMISSION LINE WITHIN HAYS
COUNTY
§
§
§
ORDER NO. 30
GRANTING MOTION TO INTERVENE
On November 8, 1994, Mr. John L. Buvens, Jr. filed a formal request to intervene in this
proceeding. Mr. Buvens states that the proposed transmission line will cross his property. Because the
proposed transmission line will cross Mr. Buvens' property in Hays County, he has shown a justiciable
interest sufficient to intervene in this proceeding.
The Administrative Law Judge GRANTS Mr.
Buvens' motion to intervene. Pursuant to P.U.C. PROC. R 22.102, Mr. Buvens may fully participate
in this proceeding. If Mr. Buvens has any questions or concerns as to how to proceed in this case, he
should contact Mr. Thomas Brocato in the Commission's General Counsel's office at (512)-458-0372.
SIGNED AT AUSTIN, TEXAS the &
day of November 1994.
PUBLIC UTILITY COMMISSION OF TEXAS
2r^ I
a 1^2aza:^^
MICHAEL J.
MALLEY
ADMINISTRATIVE LAW JUDGE
DOCKET NO. 11014
APPLICATION OF PEDERNALES
§
ELECTRIC COOPERATIVE, INC. TO
V
AMEND CERTIFICATE OF CONVENIENCE §
AND NECESSITY FOR PROPOSED
TRANSMISSION LINE WITHIN HAYS
COUNTY
PUBLIC UTILITY COMMISSION
OF TEXAS
§
§
§
ORDER NO. 29
DENYING MOTION TO SHOW CAUSE
On November 8, 1994, Pedernales Electric Cooperative, Inc, (Pedernales) filed a Motion for
Show Cause Regarding the Intervenors Raymond and Aimee Mick and Charles E. Warlick, Jr. (Mick
and Warlick or intervenors). Pedernales states that based upon the intervenors' failure to appear at the
recent prehearing conferences and respond to Order No. 25, they should be required to appear and
show cause why their interventions should not be stricken.
Although the Administrative Law Judge
(ALJ) would like to know the level of participation of the intervenors, it is necessary to proceed with
the case. There are several intervenors who will be actively participating in this case. So even if Mick
and Warlick do not participate, the case will still be contested and likely go to hearing.
Moreover,
P.U.C. PROC. R. 22.102(b) gives an intervenor the right to fully participate in the proceedings, but it is
not mandatory that an intervenor fully participate. An intervenor may participate at any level it desires.
Finally, if Mick and Warlick do not participate in the proceedings, it will not harm Pedernales or prevent
it from proving its case. For these reasons, the ALJ DENIES Pedernales' motion to show cause. If
Pedernales can demonstrate that Mick and Warlick are no longer affected by the amended route and do
not have a justiciable interest in this proceeding, the ALJ will entertain a motion based on these
grounds.
SIGNED AT AUSTIN, TEXAS the % day of November 1994.
PUBLIC UTILITY COMMISSION OF TEXAS
MICHAEL J. O"AIALLEY
el'
ADMINISTRATIVE LAW JUDGE
DOCKET NO. 11014
APPLICATION OF PEDERNALES
= §'
ELECTRIC COOPERATIVE, INC. TO
§
AMEND CERTIFICATE OF CONVENIENCE §
AND NECESSITY FOR PROPOSED
§
TRANSMISSION LINE WITHIN HAYS
§
COUNTY
§
PUBLIC UTILITY COMMISSION
OF TEXAS
ORDER NO. 27
GRANTING WITHDRAWAL OF INTERVENTION
On November 3, 1994, Pedernales Electric Cooperative, Inc. (Pedernales) filed Mr. Stephen
Royer's and Ms. Alice Royer's (the Royers) Motion for Withdrawal of Intervention. The Royers and
Pedernales entered into a settlement on May 1, 1994. As part of the settlement agreement, Pedernales
agreed to amend its application and in return the Royers agreed to withdraw their intervention. Because
the amended application conforms to the settlement agreement, the Royers request to withdraw their
intervention. The Administrative Law Judge GRANTS the Royer's withdrawal of intervention.
SIGNED AT AUSTIN, TEXAS the
day of November, 1994.
PUBLIC UTILITY COMMISSION OF TEXAS
A
MICHAEL J. 'MALLEY
ADMINISTRATIVE LAW JUDGE
DOCKET NO. 11014
APPLICATION OF PEDERNALES
§
ELECTRIC COOPERATIVE, INC. TO
§
AMEND CERTIFICATE OF CONVENIENCE §
AND NECESSITY FOR PROPOSED
§
TRANSMISSION LINE WITHIN
HAYSCOUNTY
PUBLIC'16
COMMISSION
OF TEXAS
§
§
ORDER NO. 26
GRANTING WITILDRAWAL OF INTERVENTION
On October 27, 1994, Pedernales Electric Cooperative, Inc. (Pedernales) filed Mr. Howard G.
deVezin's Motion for Withdrawal of Intervention. Mr. deVezin and Pedernales entered into a
settlement on June 3, 1994. As part of the settlement agreement, Pedernales agreed to amend its
application and in return Mr. deVezin agreed to withdraw his intervention.
Because the amended
application conforms to the settlement agreement, Mr. deVezin requests to withdraw his intervention.
The Administrative Law Judge GRANTS Mr. deVezin's withdrawal of intervention.
SIGNED AT AUSTIN, TEXAS the
day of October, 1994.
PUBLIC UTILITY COIVIlVIISSION OF TEXAS
MICHAEL J. O'MALLEY
ADMINISTRATIVE LAW JUDGE
!
DOCKET NO. 1_1014
APPLICATION OF PEDERNALES
ELECTRIC COOPERATIVE, INC.
TO AMEND CERTIFICATE OF
CONVENIENCE AND NECESSITY
FOR PROPOSED TRANSMISSION
LINE WITHIN HAYS COUNTY
§
§
§
§
§
§
PUBLIC UTILITY COMMISSION
OF TEXAS
ORDER NO. 24
ORDER OF CLARIFICATION
On September 14, 1994, Pedernales Electric Cooperative, Inc. filed a letter requesting
clarification regarding informal discovery.
Order No. 23 stated that the parties could begin
informal discovery. Informal discovery does not require rulings from the Administrative Law
Judge nor does it involve deadlines. If the parties cannot agree on informal discovery, then they
should wait until a formal discovery schedule is set at the October 11, 1994 prehearing
conference.
SIGNED AT AUSTIN, TEXAS on the -^"aay of September 1994
PUBLIC UTILITY COMMISSION OF TEXAS
A
dad .
MICHAEL J. 'MALLEY
ADMINISTRATIVE LAW JUDGE
DOCKET NO. 11014
APPLICATION OF PEDERNALES ELECTRIC
COOPERATIVE, INC. TO AMEND
CERTIFICATE OF CONVENIENCE AND
NECESSITY FOR PROPOSED TRANSMISSION
LINE WITHIN HAYS COUNTY
§
§
§
§
§
PUBLIC-UTILITY COMMISSION
OF TEXAS
ORDER NO. 23
NOTICE OF PREHEARING CONFERENCE
On September 8, 1994, Pedernales Electric Cooperative, Inc. (Pedernales)
advised the Administrative Law Judge (ALJ) that it did not intend to further
amend the Amended and Restated Application which was filed on June 24, 1994.
Pedernales also informed the ALJ that it has provided notice to the entities
and individuals entitled to notice pursuant to P.U.C. PROC. R. 22.52.
The
intervention deadline would be Monday, October 24, 1994 (46 days after
Pedernales provided notice).
parties
This proceeding is no longer abated, and the
may begin informal discovery at this time.
At
the
prehearing
conference, a formal discovery and procedural schedule will be established.
Pursuant to P.U.C. PROC. R. 22.121, a prehearing conference SHALL be
convened at 10:00 a.m., Tuesday, October 11, 1994, at the Commission's offices
at 7800 Shoal Creek Boulevard, Austin, Texas.
The following matters will be
discussed at the prehearing conference:
1.
Discovery and a procedural schedule;
2.
Any pending motions; and
3.
Any other pertinent matters.
SIGNED AT AUSTIN, TEXAS the ^ day of September 1994.
PUBLIC UTILITY COMMISSION OF TEXAS
9z-^.
,
o ^v
MICHAEL J. 0' ALLEY
aad
ADMINISTRATIVE LAW JUDGE
DOCKET NO. 11014
APPLICATION OF PEDERNALES ELECTRIC
COOPERATIVE, INC. TO AMEND
CERTIFICATE OF CONVENIENCE AND
NECESSITY FOR PROPOSED TRANSMISSION
LINE WITHIN HAYS COUNTY
§
§
§
§
§
:.,
.
PUB LIC UTILITY COMMISSION
`'OF' TEXAS
ORDER NO. 22
REQUESTING STATUS REPORT
On July 12, 1994, a prehearing conference was held in the abovereferenced docket.
At the prehearing conference,
Pedernales Electric
Cooperative, Inc. (Pedernales) indicated that the application would be amended
based on discussions with some of the parties in this docket.
The
Administrative Law Judge (ALJ) has not received any further information nor an
amended application as of this date. Pedernales SHALL file a status report by
3:00 p.m., Friday, September 9, 1994, updating the ALJ on the status of this
application.
SIGNED AT AUSTIN, TEXAS the )S-^- day of September 1994.
PUBLIC UTILITY COMMISSION OF TEXAS
MICHAEL J. 0' ALL Y
ADMINISTRATIVE LAW JUDGE
OU
DOCKET NO. 11014
APPLICATION OF PEDERNALES ELECTRIC
COOPERATIVE, INC. TO AMEND CERTIFICATE
OF CONVENIENCE AND NECESSITY FOR
PROPOSED TRANSMISSION LINE WITHIN
§
§
§
§
HAYS COUNTY
§
PUBLIC UTILITY COMMISSIUN
OF TEXAS
ORDER NO. 20
SCHEDULING PREHEARING CONFERENCE
On June 24, 1994, Pedernales Electric Cooperative, Inc. filed an amended
application and substitute testimony.
Pursuant to P.U.C. PROC. R. 22.121, a
prehearing conference SHALL be convened at 10:00 a.m., Tuesday, July 12, 1994,
at the Commission's offices at 7800 Shoal Creek Boulevard, Austin, Texas. The
following matters will be discussed at the prehearing conference:
1. Discovery and a procedural schedule;
2. Notice;
3. Any pending motions; and
4. Any other pertinent matters.
SIGNED AT AUSTIN, TEXAS the 42%.4day of June 1994.
PUBLIC UTILITY COMMISSION OF TEXAS
a, a
MICHAEL J. 0' LLEY
ADMINISTRATIVE LAW JUDGE
-^:
DOCKET NO. 11014
APPLICATION OF PEDERNALES ELECTRIC
COOPERATIVE, INC. TO AMEND
CERTIFICATE OF CONVENIENCE AND
NECESSITY FOR PROPOSED TRANSMISSION
LINE WITHIN HAYS COUNTY
§
§
§
§
§
PUBLIC UTI LITY COMM^S IOk'
OF TEXAS
ORDER NO. 19
GRANTING MOTION FOR WITHDRAWAL OF INTERVENTION
On April 6, 1994, Peter L. Donnelly and Marilyn W. Donnelly filed a
Motion for Withdrawal of Intervention because they no longer are the owners of
the property located near Wimberly, Texas.
The Administrative Law Judge
GRANTS the Donnelly's Motion to Withdraw.
SIGNED AT AUSTIN, TEXAS the ^7^'^.day of April 1994.
PUBLIC UTILITY COMMISSION OF TEXAS
9*^ dad
MICHAEL J. 0
LLEY
ADMINISTRATIVE LAW JUDGE
DOCKET NO. 11014
§
APPLICATION OF PEDERNALES ELECTRIC
COOPERATIVE, INC. TO AMEND CERTIFICATE §
OF CONVENIENCE AND NECESSITY FOR
PROPOSED TRANSMISSION LINE
WITHIN HAYS COUNTY
PUBLIC UTI LNY COMMISSION
§
§
§
OF TEXAS
EXAMINER'S ORDER NO. 18
GRANTING MOTION TO INTERVENE
On March 25, 1993, Mr. John E. Simmons filed a motion to intervene in
this docket.
Mr. Simmons owns 245 acres at the intersection of Highway 12 and
Highway 150. Mr. Simmons plans to build a home on this land within the next
year. The proposed route would run along the east and north boundary of his
property. This property was formerly owned by the Penn Brothers Realty who
intervened in this docket, but subsequently withdrew from the case when the
land was sold.
Having shown a justiciable interest in the outcome of this docket,
Mr. Simmons' motion to intervene is GRANTED and Mr. Simmons is permitted to
become a full participant to the proceedings in this case.
Please make the
necessary changes in the service list.
SIGNED AT AUSTIN, TEXAS the;2,kA day of March 1993.
PUBLIC UTILITY COMMISSION OF TEXAS
2Z6
a,^ e^ A
MICHAEL J. 0' LLEY
HEARINGS EXAMINER
1-7
pt E
r
0•P
Public Utility Commission of Texas
Marta Greytok
Commissioner
7800 Shoal Creek Boulevard
Austin, Texas 78757 • 512/458-0100
Robert W. Gee
Chairmao
w
i
Karl R. Rfibago
Commissioner
_`t ^,_
February 25, 1993
Mr. John E. Simmons
407 E. 6th St.
Suite 200
Austin, TX 78701
RE:
Docket No. 11014--Application of Pedernales Electric Cooperative, Inc.
to Amend Certificate of Convenience and Necessity for Proposed
Transmission Line within Hays County
Dear Mr. Simmons:
Thank you for your letter expressing an interest in the above referenced
docket.
Although this docket has been abated pending consideration of
alternate routes, you may consider intervening prior to this case "resurfacing". This would allow you to be informed of the progress of the case.
If you choose to intervene, you should file a motion to intervene.
An
intervenor is a person who,, upon showing a justiciable interest, is permitted
to become a party to the proceeding. P.U.C. PROC. R. 21.41. For example, you
would need to explain how you would be affected by the proposed transmission
line.
Pedernales Electric Cooperative, Inc. (PEC) is negotiating with
intervenors to discuss alternate routes.
Although the deadline for intervention was June 3, 1992, PEC is
considering alternate routes and a new intervention deadline will be
established for these routes.
If you desire to intervene at this time, a
motion to intervene SHALL be filed by Monday, April 5, 1993. If you desire to
wait until the case "re-surfaces", a new intervention deadline will be set at
that time.
Sincerely,
Michael J. O'Malley
Hearings Examiner
DOCKET NO. 11014
APPLICATION OF PEDERNALES ELECTRIC
COOPERATIVE, INC. TO AMEND CERTIFICATE
OF CONVENIENCE AND NECESSITY FOR
PROPOSED TRANSMISSION LINE WITHIN
HAYS COUNTY
§
§
§
§
§
PUBLIC UTILITY COMMISSION
OF TEXAS
EXAMINER'S ORDER NO. 17
On February 5, 1993, Penn Brothers Realty (Penn Brothers) filed a Motion
for Withdrawal of Intervention.
Penn Brothers no longer owns the 244 acre
tract near Wimberley, Texas, and no longer desires to participate in this
docket. Penn Brothers' Motion for Withdrawal of Intervention is GRANTED.
SIGNED AT AUSTIN, TEXAS the jj^"ay of February 1993.
PUBLIC UTILITY COMMISSION OF TEXAS
^i21.1^a^•^^?
MICHAEL J.
MALLEY
HEARINGS EXAMINER
nh
r^d-r
^::µ
DOCKET NO. 11014
APPLICATION OF PEDERNALES ELECTRIC
§
COOPERATIVE, INC. TO AMEND CERTIFICATE §
OF CONVENIENCE AND NECESSITY FOR
§
PROPOSED TRANSMISSION LINE WITHIN
HAYS COUNTY
PUBLIC UTILITY COMMISSION
OF TEXAS
EXAMINER'S ORDER NO. 16
GRANTING MOTION FOR CONTINUANCE,
CANCELLING HEARING ON THE MERITS, AND
ABATING PROCEDURAL SCHEDULE
On October 27, 1992, Pedernales Electric Cooperative, Inc. (Pedernales)
filed a motion for continuance. Pedernales requested a continuance in order
to: 1) conduct a new routing study, 2) negotiate with staff and the
intervenors, and 3) attempt to reach a settlement among all parties.
Pedernales states that it has contacted Espey, Huston & Associates to complete
an alternative routing study.
Pedernales hopes it can resolve most of the
concerns of the parties by evaluating additional routes.
The Hearings
Examiner GRANTS the motion for continuance. The Hearings Examiner agrees with
Pedernales that it would be beneficial to consider additional routes that may
resolve the concerns of the staff and the intervenors. The current discovery
and procedural schedule SHALL be abated. The Hearing on the Merits scheduled
for Monday, November 9, 1992, is CANCELLED.
Pedernales SHALL file monthly status reports, due on the 30th of each
month, outlining the progress of this case.
Reviewing alternative routes,
filing additional testimony, conducting additional discovery, and establishing
a new procedural schedule will take a considerable amount of time; therefore,
Pedernales should be aware that this docket may not be completed by the
deadline of March 17, 1993. The Commission's staff, the intervenors, and the
Hearings Examiner will need adequate time to review the additional routes.
Pedernales SHALL file a pleading by 3:00 p.m., Wednesday, November 4, 1992,
agreeing to allow the parties additional time to review the routes and not to
seek a writ of mandamus if this docket is not finalized by March 17, 1993.
SIGNED AT AUSTIN, TEXAS the
aik
day of October 1992.
PUBLIC UTILITY COMMISSION OF TEXAS
.
.
MICHAEL J. 0
LLEY
HEARINGS EXAMINER
ib
^
65&b
DOCKET NO. 11014
APPLICATION OF PEDERNALES ELECTRIC
COOPERATIVE, INC. TO AMEND CERTIFICATE
OF CONVENIENCE AND NECESSITY FOR
PROPOSED TRANSMISSION LINE WITHIN
HAYS COUNTY
§
§
§
§
§
PUBLIC UTILITY COMMISSION
. .,
OF TEXAS
^°.^ .:...;.
C
»_{
a
EXAMINER'S ORDER NO. 15
.^
,
RESPONSE TO MR. deVEZIN'S LETTER
^
On
October 13, 1992, the Hearings Examiner received a letter from
Mr. Howard G. deVezin expressing a concern that the public information file
has not been made part of the official record.
At this point in the
proceeding, the letters in the public comment file are part of the official
record in this docket, but they are not evidence in the case. The Hearings
Examiner reviews and considers public comment, however, only admitted evidence
is considered when making the final recommendation.
This information may be
confusing, and if it is, the Hearings Examiner recommends that Mr. deVezin
contact
Mr. Thomas
Hunter in the
explanation or clarification.
General
Counsel's office
for
Mr. Hunter's number is 512-458-0278.
SIGNED AT AUSTIN, TEXAS the /day of October 1992.
PUBLIC UTILITY COMMISSION OF TEXAS
^L^^.1 • ^ ^G^^^u-1_
MICHAEL J.101MALLEY
HEARINGS EXAMINER
nsh
further
C,1..Y
^:.....4
..
'
.
.
DOCKET NO. 11014
APPLICATION OF PEDERNALES ELECTRIC
COOPERATIVE, INC. TO AMEND CERTIFICATE
OF CONVENIENCE AND NECESSITY FOR
PROPOSED TRANSMISSION LINE
WITHIN HAYS COUNTY
§
§
§
§
§
PUBLIC UTILITY COMM1SSI"
,
w..._
OF TEXAS
^.^^•.^
EXAMINER'S ORDER NO. 14
PREHEARING ORDER AND NOTICE OF HEARING
On March 17, 1992, Pedernales Electric Cooperative, Inc. (PEC) filed its
application for a certificate of convenience and necessity to construct
approximately 13.9 miles of 138 kv transmission line.
On July 29, 1992, a
prehearing conference was convened to establish a procedural schedule leading
to the hearing on the merits.
Several of the intervenors, PEC, and the
General Counsel were present at the prehearing conference.
Procedural Schedule -- The parties agreed to the following procedural
schedule:
PEC's Direct Case
Intervenor Direct Case
General Counsel Direct Case
August 20, 1992
October 2, 1992
October 23, 1992
Request for Information Deadline
PEC's Rebuttal
October 30,
November 4,
November 6,
November 9,
Motions to Strike Testimony
Hearing on the Merits
1992
1992
1992
1992
Unless specified otherwise, all filing deadlines in this docket are set for
3:00 p.m.
Hearing on the Merits -- The hearing in this docket will be convened at
10:00 a.m., Monday, November 9, 1992, at the Commission's offices at 7800
Shoal Creek Boulevard, Austin, Texas, and will be continued day to day until
adjourned.
SIGNED AT AUSTIN, TEXAS the 21A day of July 1992.
PUBLIC UTILITY COMMISSION OF TEXAS
M I CHAEL J. 0' LLEY
HEARINGS EXAMINER
r'^w
DOCKET NO. 11014
APPLICATION OF PEDERNALES ELECTRIC
§
COOPERATIVE, INC. TO AMEND CERTIFICATE
OF CONVENIENCE AND NECESSITY FOR
PROPOSED TRANSMISSION LINE WITHIN
HAYS COUNTY
PUBLIC UTILITY COMM,TSStON
§
§
§
OF TEXAS
.
EXAMINER'S ORDER NO. 13
SCHEDULING PREHEARING CONFERENCE
On March 17, 1992, Pedernales Electric Cooperative, Inc. (PEC) filed its
application for a certificate of convenience and necessity to construct
approximately 13.9 miles of 138 kv transmission line.
Prehearing Conference -- Pursuant to P.U.C. PROC. R. 21.83, a prehearing
conference will be convened at 10:00 a.m., Wednesday, July 29, 1992, at the
Commission's offices at 7800 Shoal Creek Boulevard, Austin, Texas.
The
following matters will be discussed at the prehearing conference.
1.
2.
Discovery and Procedural Schedule
Pending Motions; and
3.
Any other pertinent matters.
SIGNED AT AUSTIN, TEXAS the
day of July 1992.
PUBLIC UTILITY COMMISSION OF TEXAS
0; ^6
IA&1w%Lg
HEARINGS EXAMINER
nsh
DOCKET NO. 11014
§
APPLICATION OF PEDERNALES ELECTRIC
COOPERATIVE, INC. TO AMEND CERTIFICATE §
OF CONVENIENCE AND NECESSITY FOR
PROPOSED TRANSMISSION LINE WITHIN
§
§
HAYS COUNTY
§
PUBLIC UTILITY COMMISSIiQN
OF TEXAS
EXAMINER'S ORDER NO. 12
GRANTING MOTIONS TO INTERVENE
Penn Brothers Realty, RPC Investments, Inc., Mr. Bill Johnson, and
Peter L. Donnelly and Marilyn W. Donnelly filed motions to intervene in this
docket. To date no party has filed a response objecting to any of the motions
to intervene.
Having shown a justiciable interest in the outcome of this docket and in
the absence of opposition, Penn Brothers Realty's motion, RPC Investments,
Inc.'s motion, Mr. Bill Johnson's motion, and Peter L. Donnelly and
Marilyn W. Donnelly's motion are hereby GRANTED and Penn Brothers Realty, RPC
and
Donnelly
Peter L.
and
Johnson,
Bill
Mr.
Inc.,
Investments,
Marilyn W. Donnelly are permitted to become full participants to the
proceedings in this case. Please make the necessary changes in the service
list.
day of July 1992.
SIGNED AT AUSTIN, TEXAS the
PUBLIC UTILITY COMMISSION OF TEXAS
2
LLEY
MICHAEL J. 0
HEARINGS EXAMINER
nsh
DOCKET NO. 11014
APPLICATION OF PEDERNALES
ELECTRIC COOPERATIVE, INC. TO
AMEND CERTIFICATE OF CONVENIENCE
AND NECESSITY FOR PROPOSED
TRANSMISSION LINE WITHIN HAYS
§
§
§
§
§
COUNTY
§
§
PUBLIC UTILITY COMMISSION
OF TEXAS
C?7
......,
ORDER NO. 11
GRANTING MOTION TO INTERVENE
On,
June 17, 1992, Dr. Charles Warlick late filed a motion to
intervene in this docket.
On June 22, 1992, the Administrative Law Judge
assigned to this case issued Order No. 10 requesting any parties wishing to
respond to the motion to file responses on or before June 30, 1992. To date
no party has filed a response objecting to the motion to intervene.
Having shown a justiciable interest in the outcome of this docket
and in the absence of opposition, Dr. Warlick 's motion is hereby GRANTED and
Dr. Warlick is permitted to become a full participant to the proceedings in
this case. Please make the necessary changes in the service list.
SIGNED AT AUSTIN, TEXAS on the ^ day
^D of July 1992.
PUBLIC UTILITY COMMISSION OF TEXAS
BETH B ERMAN
ADMINISTRATIVE LAW JUDGE
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