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HomeMy WebLinkAbout34-07 RESOLUTIONRESOLUTION NO. 34-07 A RESOLUTION TO APPROVE THE- CITY'S INTERVENTION IN THE APPLICATION OF SWEPCO FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO CONVERT ITS EXISTING 69 kV TRANSMISSION LINE TO A 161 kV LINE FROM ITS POWERHOUSE LOCATION TO THE FAYETTEVILLE NORTH SUBSTATION. WHEREAS, the City of Fayetteville is concerned about the possible adverse economic and aesthetic effect of tall electrical transmission towers carrying the 161 kV transmission line across Dickson Street, Lafayette and Maple Streets and throughout Fayetteville; and WHEREAS, if the City desires to make any comments about SWEPCO's application for Certificate of Public Convenience and Necessity, it must file its intervention by March 6, 2007 for the April 5, 2007 hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1: That the City Council of the City of Fayetteville, Arkansas hereby directs the City Attorney to file an intervention In the Matter of the Application of SWEPCO for a Certificate of Public Convenience and Necessity at the Public Service Commission to inform the Public Service Commission of the concerns of the City Council and Mayor.‘‘��RKlTRS'' Y°Ot••G,p�i E •FAYETTEVILLEa By: �� ®�/� By: ,0-' t/Wtt.2L iiiiigri p`d ii SONDRA SMITH, City Clerk/Treasurer PASSED and APPROVED this 20th day of February, 2007. APPROVED: ATTEST: DAN COODY, May FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT 4J -is r30,'o7 3y -o? scrrnD WIC( OS TO: Dan Coody, Mayor City Council Historic District Commission FROM: Kit Williams, City Attorne DATE: February 16, 2007 RE• In The Matter Of The Application Of SWEPCO For A Certificate Of Public Convenience And Necessity To Rebuild And Convert Its Existing 69 kV Transmission Line To 161 kV Between SWEPCO's Fayetteville and North Fayetteville Substations Attached please find a letter the City received notifying us as a "landowner" that we must file a notion of intervention if we wish to have any input on the Public Service Commission's decision on the 161 kV line connecting the Powerhouse Substation with the northern Fayetteville substation. I have prepared a Resolution so the City Council can decide if it desires to make its comments and concerns known to the PSC. This must be addressed during the February 20th meeting (or a specially called meeting) in order to comply with the March 6th deadline Please note that I cannot appear before the PSC during its 9:30 A.M. public hearing on April 5, 2007 because I will be in the Supreme Court for arguments on the TIF appeal at 10:00 A.M. Please suspend .the rules at your February 20th meeting .to add this resolution so I.can learn what you what to do. Otherwise, I will have to ask the Mayor to call a special meeting for that purpose before March 6th. AGENDA REQUEST FORM SIB 2P4 FOR: COUNCIL MEETING OF S, 2007 FROM: KIT WILLIAMS, City Attorney ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Approve The City's Intervention In The Application Of Swepco For A Certificate Of Public Convenience And Necessity To Convert Its Existing 69 Kv Transmission Line To A 161 Kv Line From Its Powerhouse Location To The Fayetteville North Substation APPROVED FOR AGENDA: Date 2r/‘ 4-6-7 Director ofOperations Date Mayor Date RESOLUTION NO. A RESOLUTION TO APPROVE THE CITY'S INTERVENTION IN THE APPLICATION OF SWEPCO FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO CONVERT ITS EXISTING 69 kV TRANSMISSION LINE TO A 161 kV LINE FROM ITS POWERHOUSE LOCATION TO THE FAYETTEVILLE NORTH SUBSTATION WHEREAS, the City of Fayetteville is concerned about the possible adverse economic and aesthetic effect of tall electrical transmission towers carrying the 161 kV transmission line .across Dickson Street, Lafayette and Maple Streets and throughout Fayetteville; and WHEREAS, if the City desires to make any comments about SWEPCO's application for Certificate of Public Convenience and Necessity, it must file its intervention by March 6, 2007 for the April 5, 2007 hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby directs the City Attorney to file an intervention In The Matter Of The Application Of SWEPCO For A Certificate Of Public Convenience And Necessity at the Public Service Commission,to inform the Public Service Commission of the concerns of the City Council and ayor. PASSED and APPROVED this 20`h day of February, 2007. APPROVED. ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer , Matthews Campbell Rhoads Thompsone Fryauf P.A ATTORNEYS 119 South Second Street Rogers, AR 72756 4525 PH 479/636-0875 FX 479/636-8150 David R. Matthews* Craig A. Campbell George R. Rhoads* Edwin N. McClure Larry J. Thompson Mark T. Fryauf** Mauricio A. Herrera*** Sarah L. Waddoups C. Eric Vester Heather Schmiegelow Vicki S. Vasser-Murray Mary B. Matthews of counsel 'also admitted in Oklahoma "also admitted in Texas & Missouri "'also admitted in Missouri Email drm@mcrmt.com Website www.mcrmt.com February 9, 2007 RE: IN THE MATTER OF THE APPLICATION OF SOUTHWESTERN ELECTRIC POWER COMPANY FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO REBUILD AND CONVERT ITS EXISTING 69 kV TRANSMISSION LINE TO 161 kV BETWEEN SWEPCO'S FAYETTEVILLE AND NORTH FAYETTEVILLE SUBSTATIONS, ALL LOCATED IN WASHINGTON COUNTY IN ARKANSAS DOCKET NO: 06-172-U Dear Landowner: On the 22nd day of December, 2006 Southwestern Electric Power Company (SWEPCO or Company) filed an Application for a Certificate of Public Convenience and Necessity with the Arkansas Public Service Commission. This application is recorded in Docket No. 06-172-U and is available for public view on the website of the Arkansas Public Service Commission. The application seeks authority for SWEPCO to rebuild approximately four miles of a 69 kV transmission line connecting the existing North Fayetteville Substation located at the corner of Mall Street and Van Ash Drive in the City of Johnson to the existing Fayetteville Substation located on Powerhouse Avenue east of the intersection of University Avenue and Whiteside Street in the City of Fayetteville. The proposed transmission line will be rebuilt to operate at 161 kV. When SWEPCO announced its intention to rebuild this transmission line along the route which had been existence since before the 1930s, officials at the City of Fayetteville requested that SWEPCO study and consider alternative routes for this transmission line. SWEPCO retained a nationally recognized consulting firm, PBS&J, to delineate and evaluate alternative routes for consideration by the Company and the Arkansas Public Service Commission. You are hereby notified that you own property which may be traversed by this proposed transmission line, depending upon which route is ultimately selected. Therefore, I am notifying you that a public hearing for the final selection of the route for this project is scheduled for April 5, 2007 beginning at 9:30 a.m. in Hearing Room 1 at the Arkansas Public Service Commission located at 1000 Center Street in Little Rock, Arkansas. Pursuant to Arkansas law, you are notified that if you wish to intervene in this proceeding you must do so at least 30 days prior to the hearing date unless for good cause shown the Public Service Commission extends the time for your intervention petition. According to Procedural Order No. 4 entered February 7, 2007, the intervenor prefiled testimony is due by March 2, 2007. SWEPCO is allowed to file rebuttal testimony to any intervenor or staff testimony by March 16, 2007 and intervenors and the Arkansas Public Service Commission Staff are required to file any surrebuttal testimony by March 30, 2007. SWEPCO's application identifies the existing route of the 69 kV transmission line as the preferred route for the project. Enclosed with this letter you will find a map which shows all of the alternate routes being considered. The existing transmission line is identified on the map by a solid black line. A new transmission line built on this route would require no additional right-of-way clearing and existing area roads and the existing right-of-way would be used to access the area for construction purposes. No new road construction is proposed or anticipated for this alternative. This alternative is the most direct of the alternatives resulting in the shortest route with the fewest angles and would require no new right-of-way purchases and no additional landowners would be impacted beyond those currently affected by the existing line. Landowner February 9, 2007 Page 2 At the Commission hearing on. April 5, 2007, the Commission may select any of the alternative routes considered or any combination thereof. Therefore, your comments and opinions concerning this matter are welcomed and encouraged. A description of the alternative routes under consideration follows and the routes are shown on the map enclosed with this letter. All descriptions begin at the North Fayetteville Substation and run toward the Fayetteville Substation. WESTERN ROUTE: The western route alternative combines links A, B, & K as shown on the map enclosed with this letter. The emphasis of this alternative route would be to rebuild and reconductor approximately 1 mile of the existing line from the North Fayetteville Substation to a point just south of Interstate 540 (links A and B). At this point the route turns to the west and then southwest generally paralleling Interstate 540 to Wedington Drive. At Wedington Drive the route turns to the east for a short distance then makes a right angle and proceeds to the south on private road 2411. The route follows private road 2411 for approximately 1,200 feet and then makes another right angle to the east for approximately 600 feet, then proceeds south for approximately 4,500 feet, eventually turning back to the east on Nettleship Street. The route parallels Nettleship Street until it reaches Razorback Road where it turns back to the north. Upon reaching Meadow Street, the route turns east continuing through the University of Arkansas property in a generally east-southeast direction then turns north on University Street. The route parallels University Street for approximately 900 feet prior to entering the Fayetteville Substation. RAILROAD ROUTE: There are several alternative routes generally following the Arkansas -Missouri Railroad. The first variation for this alternative includes a combination of links A, B, C, E, F, G, & H. This alternative route would include rebuilding and reconductoring approximately 1.3 miles of the existing line from the North Fayetteville Substation to North Drake Street. Once the route reaches North Drake Street, it turns east and parallels Drake Street until it reaches the Arkansas -Missouri railroad. Upon reaching the Arkansas -Missouri railroad, the proposed route proceeds south, occupying a right- of-way parallel and adjacent to the railroad right-of-way for the remainder of the route until it approaches the southern end where, just prior to reaching the Fayetteville Substation, the route leaves the railroad corridor and makes a right angle to the west continuing into the Fayetteville Substation. RAILROAD USING LINK I: This alternative route includes links A, B, C, E, F, G & I as shown on the map. It has one small deviation from the Railroad Route described above, which is a variation on the southern end of the route. This alternative route would include rebuilding and reconductoring approximately 1.3 miles of the existing line from the North Fayetteville Substation to North Drake Street. Once the route reaches North Drake Street, it turns east and parallels Drake Street until it reaches the Arkansas -Missouri railroad. Upon reaching the Arkansas -Missouri railroad, the route proceeds in a generally southern direction occupying a right-of-way parallel and adjacent to railroad right-of-way until it reaches Maple Street. On Maple Street the route turns west for approximately 300 feet before turning south on North Arkansas Avenue. The route parallels North Arkansas Avenue prior to reaching Dickson Street. At Dickson Street it makes a slight jog to the west then parallels University Street for a short distance prior to entering the Fayetteville Substation. Landowner February 9, 2007 Page 3 RAILROAD ROUTE USING LINK D: This alternative route includes links A, D, F, G & H and only deviates from the aforedescribed Railroad Route on the northern end of the route. This route would require rebuilding and reconductoring a portion of the existing route from the North Fayetteville Substation down to Interstate 540. At Interstate 540, it turns east for approximately 800 feet before it reaches the Arkansas -Missouri railroad. At the Arkansas -Missouri railroad, the proposed transmission proceeds in a generally southern direction occupying a right-of-way parallel and adjacent to railroad right-of- way for the remainder of the route, until it approaches the southern end. Just prior to reaching the Fayetteville Substation the route leaves the railroad corridor and makes a right angle to the west continuing into the Fayetteville Substation. RAILROAD ROUTE USING D & I: This alternative route includes links A, D, F, G, & I. This alternative route would also require rebuilding and reconductoring a portion of the existing route from the North Fayetteville Substation down to Interstate 540. At Interstate 540, it turns east for approximately 800 feet before it reaches the Arkansas -Missouri railroad. At the Arkansas -Missouri railroad the proposed transmission line proceeds in a generally southern direction occupying a right-of-way parallel and adjacent to the railroad until it reaches Maple Street. At Maple Street the route turns west for approximately 300 feet before turning south on North Arkansas Avenue. The route parallels North Arkansas Avenue until it reaches Dickson Street. At Dickson Street it makes a slight jog to the west then parallels University Street for a short distance prior to entering the Fayetteville Substation. EASTERN ROUTE USING B, C, & E: This alternative route uses links Al B, C, E, F, & J. It would require rebuilding and reconductoring approximately 1.3 miles of the existing route from the North Fayetteville Substation down North Drake Street. The alternative route turns due east and parallels North Drake Street until it reaches the Arkansas -Missouri railroad. At the Arkansas - Missouri railroad it turns southwest and parallels the railroad for approximately 0.4 miles, crosses the railroad, follows a small drainage, turns south and runs somewhat parallel to North Green Acres Road. North Green Acres road runs into North College Avenue (also known as Business US 71). This alternative will continue south-southwest on North College Avenue to West Spring Street. At West Spring Street the route turns to the west and parallels the street for approximately 0.4 miles before making a slight turn to the northwest across a parking lot and the railroad tracks entering the Fayetteville Substation from the east. EASTERN ROUTE USING D: The final alternative route uses links Al D, F, & J as shown on the map. This alternative route would require rebuilding and reconductoring approximately 0.75 miles of the existing route from the North Fayetteville Substation to Interstate 540. On the south side of Interstate 540, this alternative turns due east for approximately 900 feet until it reaches the Arkansas -Missouri railroad. At the Arkansas -Missouri railroad it turns southwest and parallels the railroad for approximately 0.9 miles, crosses the railroad, follows a small drainage, turns south and runs somewhat parallel to North Green Acres Road. North Green Acres road runs into North College Avenue (also known as Business US 71). This alternative will continue south-southwest on North Landowner February 9, 2007 Page 4 College Avenue to West Spring Street.,At West Spring Street the route turns to the west and parallels the street for approxiately 0.4 miles before making a slight turn to the northwest across a parking lot and the railroad tracks entering the Fayetteville Substation from the east. As indicated above, SWEPCO has evaluated all of the above alternative routes and has recommended to the Public Service Commission that the existing route be utilized rather than create new impacts on previously unaffected property owners. The alternative routes are being presented to the Public Service Commission only at the request of officials of the City of Fayetteville due to their desire to move as much of the transmission line as possible out of the Dickson Street area. As mentioned above, if you wish to intervene as a party, you must do so prior to March 6, 2007 and the Commission has set the deadline of March 2, 2007 for intervenor pre -filed testimony. If you do not wish to intervene, but want to express an opinion in this matter, you may file public comments by writing to the Secretary of the Arkansas Public Service Commission. 1000 Center Street, Little Rock, AR 72203 or you may appear at the public hearing and make comments during the public comments section of the hearing. If you choose to appear at the public hearing as a public commenter rather than an intervenor, you will not be allowed to question other witnesses or otherwise participate in the proceeding. The public hearing scheduled for April 5, 2007 is not a condemnation proceeding. There will be no discussion at this hearing concerning acquisition of rights-of-way or the proper compensation levels for said rights-of-way. Of course as mentioned above, if the preferred route recommended by SWEPCO is chosen, no new right-of-way acquisitions will be needed. However, if any of the alternative routes are selected, new rights-of-way acquisition will be required, and the Commission's decision will effectively permit SWEPCO to proceed to exercise its power of eminent domain and acquire by condemnation any new right-of-way that cannot be secured by negotiated settlement with affected landowners. 4 1 will be pleased to attempt to answer any questions you may have. y DRM:sah • Matthews • • MsOmni ba reduction a1 Agora 3-11oCataa M the map parka. Reeve rater to ftura 3.1 In mo amp pWol for a mom dathled New. FIGURE 3.1 OONs1RAI11s MAV AEP/ EWEPOO FAYETTEVILLE TO 14:61111 FAYETTEVILLE 161 W TRANSMISSION LINE WASHINGTON COMM. AROMAS 3-3 12.27.07) Clarice Pearman - Res. 34-07 From: To: Date: Subject: Attachments: Clarice Pearman Williams, Kit 2.27.07 11:36 AM Res. 34-07 34-07 SWEPCO.pdf • CC: Audit Kit: Attached is a copy of the above resolution passed February 20, 2007 by Council regarding SWEPCO. Please let me know if there is anything else needed. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City ,Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci. fayettevil le.ar. us • Page 1