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HomeMy WebLinkAbout51-07 RESOLUTION'RESOLUTION NO. 51-07 A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL FOR THE PUBLIC SERVICE COMMISSION HEARING ON SWEPCO'S PROPOSED ENLARGEMENT OF ITS 69kV TRANSMISSION LINE TO A 161kV TRANSMISSION LINE IN FAYETTEVILLE WHEREAS, the City of Fayetteville has filed its Petition For Leave To Intervene and tentatively suggested two alternatives to the Public Service Commission, (this petition is attached as Exhibit A), and WHEREAS, this Petition can be amended if the City Council determines that either proposed alternative is not acceptable or advisable; and WHEREAS, the City Council rather than the City Attorney's office should make this policy determination. 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 determines that the City's Petition For Leave To Intervene should be amended as follows: remove the Markham Hill connection and recommend that the line connect from the south substation along 1-540 to the north substation. PASSED and APPROVED this 20th day of March, 2007. APPROVED: By: DAN OODY, Mayor ATTEST: By: ‘,0 ok TR10., C.;-• %%%%& C) \ % • •°° Y 0g*C'13t :: • crva 1, v3 : FAYETTEVILLE : oes. 0.; e.9z, c%• 4: -4NSt•\ti%%%%% • %% gral';it %%%%%% SO RA E. SMITH, City Clerk/Treasurer ARKANSAS PUBLIC SERVICE COMMISSION IN THE MATTER OF THE APPLICATION OF ) SOUTHWESTERN ELECTRIC POWER COMPANY ) (SWEPCO) FOR A CERTIFICATE OF PUBLIC ) CONVENIENCE AND NECESSITY TO REBUILD ) DOCKET NO. 06-172-U AND CONVERT ITS EXISTING 69kV TRANSMISSION ) LINE TO 161 kV BETWEEN SWEPCO'S FAYETTEVILLE ) AND NORTH FAYETTEVILLE SUBSTATIONS IN ) WASHINGTON COUNTY, ARKANSAS PETITION FOR LEAVE TO INTERVENE Comes now the City of Fayetteville, Arkansas, (Washington County) and moves this Commission for leave to intervene in this proceeding for the following reasons: 1. Petitioner City of Fayetteville, Arkansas, has recently expended millions of taxpayer dollars to enhance the appearance of Dickson Street in the same location as where Southwestern Electric Power Company (SVVEPCO) has sought a Certificate of Public Convenience and Necessity to substantially enlarge its 69 kV transmission line to 161 kV across Dickson Street. 2. Although the line may be able to be built upon the existing easement, this substantially larger transmission line will be located on far taller and more massive towers which will substantially impair aesthetics of several blocks of Dickson Street, Lafayette Street and Maple Street and impair the view of the most prominent and important historic building in Fayetteville, Old Main on the University of Arkansas campus. • 1 3. A Certificate of Public Convenience and Necessity should not be granted to SWEPCO to allow the construction of the substantially larger and taller towers . supporting the larger 161 kV transmission line at its proposed location at least within the two block length from Dickson Street to Maple Street because of the. towers' deleterious aesthetic and economic affects upon the City of Fayetteville, its citizens and businesses. 4. The City of Fayetteville would recommend either of the following two alternatives to SWEPCO for the Public Service Commission's approval which would allow SWEPCO to meet its needs to link the Fayetteville Substation near Dickson Street with the North Fayetteville Substation while protecting the aesthetic views of Old Main, one of the most visually important and recognized structures in the state. (A) Western Route The Western Route combining links A, B and K avoids impacting Old Main and the main campus area of the University of Arkansas as well as dense residential and commercial areas. (B) Existing Route with no towers from Dickson Street to Maple Street In order to protect the aesthetics of Dickson Street and view of Old Main, the taller, steel towers requested by SWEPCO should not be allowed between Dickson and Maple. This can be accomplished by burying all other lines currently on the electrical poles, thereby reducing the height required for the 161 kV line as separation from the other lines OR burying the 161 kV line itself for this two block segment. 5. The cost for either the Western Route or burying a two block segment of the 161 kV line or the other electrical lines should be borne by SWEPCO which is seeking this enlarged capacity for its business purposes and is appropriately a cost of doing business in Arkansas. WHEREFORE, the City of Fayetteville prays that this Commission grant its Petition To Intervene in this proceeding. • CITY OF FAYETTEVILLE Petitioner KIT WILLIAMS, ABA #76007 Fayetteville City Attorney 113 W. Mountain St., Ste. 302 Fayetteville, AR 72701 Phone: (479) 575-8313 FAX: (479) 575-8315 CERTIFICATE OF SERVICE • I, Kit Williams, swear or affirm that I have sent the above Petition To Intervene by U.S. Mail, postage prepaid, to Honorable David R. Matthews, Matthews, Campbell, Rhoads, McClure, Thompson & Fryauf, P.A., 119 South Second Street, Rogers, AR 72756 on this 1st day of March, 2007. 11, KIT WILLIAMS Fayetteville City Attorney AGENDA REQUEST FORM S .rr.- c5W6Peo/ psc. karmi FOR: COUNCIL MEETING OF MARCH 20, 2007 FROM: CITY ATTORNEY KIT WILLIAMS ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Express The Intent Of The City Council For The Public Service Commission Hearing On SWEPCO's Proposed Enlargement Of Its 69kv Transmission Line To A 161kv Transmission Line In Fayetteville APPROVED FOR AGENDA: Kit Williams City Attorney (as to form) Dan Coody Mayor Date Date FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHTTAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council FROM: Kit Williams, City Attorne DATE: March 2, 2007 RE- SWEPCO's towers for enlarged transmission line Although I filed •a Petition to Intervene to beat the filing deadline of March 6, 2007, I am uncomfortable suggesting possible alternatives to the Public Service Commission without direct authorization and advice from the City Council. Accordingly, I will present a Resolution foryour consideration at the March 20" City Council meeting so that the City Council can determine which, if any, possible alternative routes it will support for the P.S.C. hearing on April 5,2007 Attached to this memo is the Resolution that will be before you for the March 20th meeting as well as the February 9, 2007 letter from David Matthews representing SWEPCO in which he describes seven alternative routes for the large transmission line. These alternatives are shown on the color map which has been reproduced and attached again for you. RESOLUTION NO. A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL FOR THE PUBLIC SERVICE COMMISSION HEARING ON SWEPCO'S PROPOSED ENLARGEMENT OF ITS 69kV TRANSMISSION LINE TO A 161kV TRANSMISSION LINE IN FAYETTEVILLE WHEREAS, the City of Fayetteville has filed its Petition For Leave To Intervene and tentatively suggested two alternatives to the Public Service Commission, (this petition is attached as Exhibit A); and WHEREAS, this Petition can be amended if the City Council determines that either proposed alternative is not acceptable or advisable; and WHEREAS, the City Council rather than the City Attorney's office should make this policy determination. 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 determines that the City's Petition For Leave To Intervene is satisfactory (or should be amended as follows: PASSED and APPROVED this 20th day of March, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer Matthews Campbell Rhoads McClure Thompson 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 Lany 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@mcrmtcom Website www. mcrmt com RECEIVED FEB 2.1 2007 February 9, 2007 CITY OF FAYETTEVILLE MAYOR'S OFFICE 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 22' 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 Nb. 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 Al 6, 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. Upoh 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 & I -I 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, DI 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 A, B, C, El 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 A, 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 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. 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. I will be pleased to attempt to answer any questions you may have. DRM:sah Unite,' al Mare tatty Pft 1RaeSall AM 1 ma Slut Am Omar, — Tag Lye • m Paint ~aft Mae Lfl Crary Moat Pal Gamut:aft Tam CALM Moan els vaiong Fir Wrfitessilin ae -w P-Viki 91)1111k ag - banns:" Pia../31 Writ/ 9100 limo firm' Si ado se =tarn CAD- r COTT FA TT TTIV11.11 L SUOtl anew • VAN A•Colt mis e 1.• • m • An IT • caner r KNAPP AT. 1 rOWASOP WT. • • mot • e• WEDITICIT0114 OF1 • Mol•Ill AM Da • • WEI • WWII IT. • • • 1 • 1 eVANONSit W. HALIEU. W. Many AO %en • •01 • me • m • m • m • METTLE"! sr. W. NTOPle ST. • • ••••••erno• V. LAPArITT11 et WAtted 111. tiKicaft Wt. • • Is • MS • 1••• ••••000 re. • 00 • inn • Wan • in% • a IP Ea •• T • • =•-• MEI SUSS T A T1014 TIE ETTEYLI-E ••• • 0 'Own 11.••••••• • 11110 • le • • • 11•••02 ST =0.100.0Tow iffitC01••• ••••••••• raw 161•1 Win MS /./ • This figure is a reduction of Figure 3-1 located in the map pocket. Please refer to Figure 3-1 in the map pocket tor a more detailed view. lul PBS1 magg••••••• • ••••••••••110111111111 01111.0•111Pall • 0111•••••• FIGURE 3-1 CONSTRAINTS MAP AEP SWEPCO FAYL1 itVILLE TO NORTH FAYETTEVIU_E 161 kV TRANSMISSION UNE WASHINGTON COUNTY, ARKANSAS 520799 00 DECEIABER 2009 3-3 U3.27.07) Clarice Pearman -14es. 51-07 Page 11 From: Clarice Pearman To: Williams, Kit Date: 3.27.073:05 PM Subject: Res. 51-07 Attachments. 51-07 SWEPCO PSC hearing.pdf CC: Audit Kit: Attached is a copy of the above resolution passed by City Council, March 20, 2007. If anything else is needed please let me know.