WEBVTT

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<v ->Welcome to</v>

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this

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meeting of the Public
Utility Commission of Texas.

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Before we begin official business,

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we have a special occasion.

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We're going to have our newest attorney

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come up to the dais to
be sworn in as an attorney

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for the state of Texas.

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So at this point, I'd like to invite

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Judge Eliana De la Fuente to the dais.

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<v ->You can sit right here.</v>

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<v ->Okay.</v>

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<v ->Do you want the
chairs behind you?</v>

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<v ->We can do it right here?</v>

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<v ->Do you want us
to move the chair?</v>

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<v ->Let me say first off that we
are very excited to have you</v>

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on the honor join us
on the Commission staff,

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even though she went
to law school at OU,

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(audience laughing)

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She had the good
sense to return to Texas

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when she graduated.

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So all is forgiven on that front

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and we're excited to have her.

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So the Eliana would you
raise your right hand please?

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And repeat after me.

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I Eliana De la Fuente.

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<v ->I, Eliana De la Fuente.</v>

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<v ->Do solemnly swear.</v>

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<v ->Do solemnly swear.</v>

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<v ->That I will support
the constitution</v>

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of the United States and of this state.

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<v ->That I will support
the constitution</v>

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of the United States and of this state.

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<v ->That I will honestly demean
myself in the practice of law.</v>

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<v ->That I will honestly demean
myself in the practice of law.</v>

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<v ->That I will discharge
my duties to my clients,</v>

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to the best of my.

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<v ->Now, I'm not quite
sure how long it will take,</v>

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but you should definitely feel free

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to go refill your coffee.

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So having convened a
duly notice open meeting,

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the Commission will now
at 9:38 AM on October 28th,

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hold a closed session
pursuant to Chapter 551,

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the Texas government
code section 5010.071,

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5510.074 and 5510.076.

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We'll be back.

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Right, closed session
is hereby concluded

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at 10:48 AM on October 28th, 2021.

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And the Commission will
resume its public meeting.

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No action will be taken by the
Commission regarding matters,

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discussed in closed session,
Consent Agenda items.

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Mr. Journeay,

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could you please walk us
through today's Consent Agenda?

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<v ->Good morning,
Commissioners by individual vow</v>

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at the following items were
placed on your Consent Agenda,

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four, five, six,
seven, eight, 10

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13, 15, 16, and 17.

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<v ->Is there a motion
to approve the items</v>

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as described by Mr. Journeay?

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<v ->Motion moved.</v>
<v ->Second.</v>

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<v ->All in favor, say aye.</v>

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<v ->Aye.</v>
<v ->Aye.</v>

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<v ->Aye, motion passes.</v>

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This time we would like to
open for public comment.

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Oral comments related
to a specific agenda item

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will be heard when
that item is taken up.

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This is for general comments only.

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Speakers will be limited
to three minutes each.

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Mr. Journeay,

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do we have anyone from
the public signed up to speak

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in the public comment
section of our meeting today?

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<v ->No, sir, not today.</v>

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<v ->And in that case, public
comment is now closed.</v>

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That brings us to the
first item on our agenda.

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Could you lay out
Docket 46148 please sir.

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<v ->Docket 46148 is the petition</v>

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of Las Colinas to amend

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the Crystal Clear's
Special Utility District's CCN

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by a string line, expedited release.

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What you have in front of
you today is somewhat unusual.

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It's a motion to
withdraw their petition.

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After this has the Commission
has issued an order

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and has gone through
several layers at the courthouse

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Commission joined in a joint,

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an agreed motion to
remand this matter back

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from the Travis County District court,

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so that this motion
could be presented to you.

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<v ->Certainly I agree with
the motion to withdraw</v>

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is there any other thoughts or comments?

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<v ->No sir.</v>

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<v ->No.</v>
<v ->No.</v>

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<v ->In that case,</v>

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is there a motion to
grant Las Colinas motion

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to withdrawal resend a previous order

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approving expedited release
and dismiss this docket.

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<v ->So moved.</v>

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<v ->Second.</v>

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<v ->All in favor, say aye.</v>

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<v ->Aye.</v>
<v ->Aye.</v>

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<v ->Motion passes,
next item please.</v>

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<v ->Item two is docket at 49892.</v>

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It's the application

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of Concho Rural Water
Corporation to change rates.

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A proposed order was
filed on October 6th

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and a correction memo
was filed on October 13th.

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Commissioner McAdams
has filed a memo in this matter.

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<v ->Over to you, lay out
your memo, Commissioner.</v>

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<v ->Cody Folk for the record,</v>

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I'm representing Concho
Rural Water corporation.

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And if the Commission will allow,

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I just have a couple of comments

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on Commissioner McAdam's memo

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in hopes of addressing those things.

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<v ->Would you like to
lay out your thoughts?</v>

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<v ->Let me lay out my thoughts.</v>

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<v ->Let's start with that.</v>

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<v ->Okay.</v>

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My memo was detailed.

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It specifically cited certain fees

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when reading through the case,

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there are a lot of fees captured here,

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they are already in interim rates.

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Under normal processes,

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and maybe Cody can
speak to this in a moment,

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but these should have been built

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into this as part of a regular
rate case and was not.

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The burden of proof, I wanna highlight

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and specifically drill down

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on this for the Commission.

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The burden of proof is
always on the applicant

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in these cases.

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And some of these fees,
as I noted in my memo

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are in violation of Commission rule now.

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So Cody, those are the four
pillars of my objection here,

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and maybe you can address it,

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but these are hundreds
and hundreds of dollars

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that are in fees, not rates.

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<v ->Sure.</v>
<v ->Go ahead.</v>

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<v ->I'd be happy to
address those if,</v>

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and I appreciate the memorandum,

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and this is a subtle case

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as Commission staff will highlight.

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And so typically when
these things are settled,

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we try to address
everything as best we can,

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as economically as we can to avoid

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unnecessary rate case
expenses, et cetera.

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And so, there are times
where some of these

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are not fully addressed
and we have to come back.

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And so, first and foremost,

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I think the process
we'd like to lay out here,

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is to come back with some
additional evidence and support,

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and then also potentially
adjusting the language

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of the tariff, to accommodate
the intent behind these fees,

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but maybe not as laid
out as they are right now.

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But first and foremost, Commissioner

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I'll highlight that the
five different fees,

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there's a Fireline standby
fee, a service call fee,

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a meter tampering
fee, a disconnection fee,

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and an inspection fee.

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The reason why these
fees are not specifically

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included in base rates, is because

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if you examine these fees individually,

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they represent extraordinary costs

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that are associated
with individual customers

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and not the system as a whole.

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And so, the utility is
intending to have these costs

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be tracked to those
individual customers,

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as opposed to being subsidized
by the rest of the system.

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For example, the service call fee

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was drafted in a way that if a customer

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has a issue on their side of the meter,

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those costs associated
with that service call

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would be addressed and paid for

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by that individual customer

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and not included in base
rates with every other customer.

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The service call fee,
additionally is one thing

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that you highlighted as something

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that's not allowed by the rules.

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The Commission's rules state,

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that we cannot bill
for service call fees,

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unless otherwise
provided by the Chapter.

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Based on my reading and the Commission

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may disagree with that,

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is that if the Commission
approves a tariff

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that says you can charge for something,

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and it's consistent
with a utility rate making

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that it's allowed is that we
just can't do it on our own.

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But overall,

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our suggestion here and
request to the Commission

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is for us to go back
with Commission staff,

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and office of public utility council,

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and potentially
supplement our settlement

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to specifically address these concerns

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that you raised in your memo,

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and either change the tariff language

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or remove them in their entirety.

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So that's what we propose today,

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but happy to address
any other questions or.

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<v ->So again, just a fact
that I would point out.</v>

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Okay, so say I'm moving

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into your certificated
service territory,

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captive market.
<v ->Sure.</v>

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<v ->No competition.</v>
<v ->Sure.</v>

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<v ->You're gonna tag me with
around $500 in initiation fee.</v>

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<v ->So the inspection fee,
is required by TCEQ.</v>

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And so that is $100 fee

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that is charged individually.

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And it would be normally
we could have just included

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in the tap fee, and that's
mandated by TCEQ.

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Now the tariff language
we have right now

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allows for customers to go out

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and get it from somebody else.

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And so that's not necessarily something

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they have to pay for.

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The Fireline fee is something that is,

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it's something that I think
definitely needs to be discussed

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and added on.

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That is something that
really is only added to the tariff

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to address one customer,

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and that's a school district

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and it's really put there
just so we don't have to have

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some sort of extraordinary
issue come up.

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And then the tampering fee is something,

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as you pointed out in your memo

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is something that is authorized
by the Commission's rules.

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It's really more of trying to tie that

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as to whether or not that is a,

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something that's
cost-based versus a deterrent

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in this case it's both
it's based on cost.

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And then it's also got
a deterrent component,

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but I think we just
need to highlight that

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in some sort of testimony as
to kind of how that's broken up

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and support it through evidence.

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And so that addresses
a lot of those fees.

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I think that the real
question is the service call fee

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and how the Commission interprets that.

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And that may be
something that we work on

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with PUC staff and OPAC on
either changing the language

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or just eliminating it entirely.

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<v ->Yes, so, and thank you
Cody, for additional explanation.</v>

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I have significant concerns
with the fact that the company

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proposed tariff fees that are either

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in our belief prohibited

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by the Commission's rules
are not supported by evidence.

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I think, going forward,

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I think the messages
that the water utilities

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should be on notice

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that the Commission
will be scrubbing down

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proposed tariff fees to
make sure that the fees

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are number one allowable by the rules,

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and if they are, supported by evidence

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and number three, and importantly,

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that wasn't really touch upon that,

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the fees are not incorporating costs

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that are being recovered

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through a fee,

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but also in the utilities base rates

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for which the utility is
earning a rate of return.

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And what I mean by that,

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I agree with Commissioner McAdam's memo.

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I found all of those
fees to be problematic

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for one reason or another.

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My position right
now is to just go ahead

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and strip those fees out of the tariff,

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but I'm open to hearing if
you would be comfortable

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with letting them supplement
the record with evidence,

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additional evidence to support the fees

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that are allowable by the law.

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But if they're not allowable by the law,

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then they need to be taken out.

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But the one issue that I wanna also say,

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in addition to ensuring
those fees are allowed

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by the Commission's rules

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and are supported by evidence,
if so, is double recovery.

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In addition to the
litany of proposed fees

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or highlighting Commissioners
memo that are inappropriate,

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and should be struck from the tariff

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if they're not allowed.

00:12:42.933 --> 00:12:46.623
I had a concerns with
just looking at the tap fees.

00:12:47.470 --> 00:12:50.300
That's not something that
we usually dig too much into,

00:12:50.300 --> 00:12:52.550
but in what I wanna say,

00:12:52.550 --> 00:12:54.990
this is just an example
of double recovery.

00:12:54.990 --> 00:12:57.810
So as I looked at the company's tap fee,

00:12:57.810 --> 00:13:00.197
and I understand that the 1200 or 1250,

00:13:00.197 --> 00:13:02.270
and I think your application said 1200,

00:13:02.270 --> 00:13:05.650
the agreement says 1250 for the tap fee,

00:13:05.650 --> 00:13:08.410
that there is an
itemized list of just costs

00:13:09.540 --> 00:13:11.200
that are comprised the tap fee.

00:13:11.200 --> 00:13:14.013
Well, there's one cost in
there that says labor costs.

00:13:15.210 --> 00:13:17.700
And so I wanna just ensure,

00:13:17.700 --> 00:13:18.990
as we're looking at all the fees

00:13:18.990 --> 00:13:21.050
that they're not being double recovered,

00:13:21.050 --> 00:13:22.390
costs are not being double recovered.

00:13:22.390 --> 00:13:24.010
'Cause for instance, like labor costs,

00:13:24.010 --> 00:13:26.930
if the company is using their employees

00:13:26.930 --> 00:13:28.960
to go and install the tap

00:13:28.960 --> 00:13:30.520
<v ->There are paid for rates.</v>

00:13:30.520 --> 00:13:33.440
<v ->There are gonna
be recovering costs,</v>

00:13:33.440 --> 00:13:34.910
labor costs through the tap fee.

00:13:34.910 --> 00:13:36.080
But then on the other hand,

00:13:36.080 --> 00:13:40.350
they're gonna be
recovering employee salaries

00:13:40.350 --> 00:13:45.060
as operating maintenance
expenses through their base rates.

00:13:45.060 --> 00:13:48.390
So that's another piece

00:13:49.429 --> 00:13:51.829
of the fees in general,
we need to be looking at

00:13:52.670 --> 00:13:57.580
because the base rates are
recovered by the water utilities

00:13:59.020 --> 00:14:02.840
across the entire customer
classes of the utility, right?

00:14:02.840 --> 00:14:04.460
The individual fees are,

00:14:04.460 --> 00:14:06.130
as Mr. Folk has pointed out

00:14:06.130 --> 00:14:09.690
are recovered only from
those individual customers

00:14:09.690 --> 00:14:13.780
that are taking specific service

00:14:13.780 --> 00:14:14.860
from the water utility.

00:14:14.860 --> 00:14:17.480
So it's even more pronounced
for the customer, right?

00:14:17.480 --> 00:14:20.320
And so I just wanna make
sure that we're looking

00:14:20.320 --> 00:14:22.193
at double recovery as well,

00:14:23.510 --> 00:14:25.010
but that's where I stand on the fees.

00:14:25.010 --> 00:14:28.580
And I'm open to hearing if
you would be comfortable

00:14:28.580 --> 00:14:31.670
with having them supplement the record

00:14:31.670 --> 00:14:34.260
with the ones that
are allowed by the rule,

00:14:34.260 --> 00:14:35.340
but don't have evidence.

00:14:35.340 --> 00:14:37.390
I'm comfortable with just
stripping them out all together,

00:14:37.390 --> 00:14:38.493
but I'm open to.

00:14:39.750 --> 00:14:43.570
<v ->Yeah, no, I considered
the remanding back</v>

00:14:43.570 --> 00:14:45.513
to follow up for more information.

00:14:46.630 --> 00:14:48.830
Again, these hadn't been supported

00:14:48.830 --> 00:14:50.480
in original base rate filing.

00:14:50.480 --> 00:14:52.430
They hadn't been supported now,

00:14:52.430 --> 00:14:54.350
how many more bites at the apple,

00:14:54.350 --> 00:14:57.040
are we're gonna give these litigants

00:14:57.040 --> 00:15:00.540
to try to juice these fees?

00:15:00.540 --> 00:15:02.370
And that's why I filed the memo

00:15:02.370 --> 00:15:06.000
and I still stand behind it now,

00:15:06.000 --> 00:15:08.110
but welcome any other
thoughts from them?

00:15:08.110 --> 00:15:13.110
<v ->Just one quick point on
the evidentiary support,</v>

00:15:14.330 --> 00:15:17.777
this case was, the application was filed

00:15:17.777 --> 00:15:20.970
and under the class B
rate filing package testimony

00:15:20.970 --> 00:15:24.690
is not required to be
filed simultaneously

00:15:24.690 --> 00:15:26.910
with the schedules.

00:15:26.910 --> 00:15:29.510
Only if we go to a full contested case,

00:15:29.510 --> 00:15:32.120
do we have to file testimony.

00:15:32.120 --> 00:15:34.690
This case settled
before we got to the point

00:15:34.690 --> 00:15:38.240
of filing fully our full testimony

00:15:38.240 --> 00:15:40.260
in support of the application.

00:15:40.260 --> 00:15:43.900
And so, the testimony that was filed

00:15:43.900 --> 00:15:46.910
was solely in support of the settlement

00:15:47.850 --> 00:15:50.960
and it was consistent with how prior

00:15:50.960 --> 00:15:52.150
dockets have been settled,

00:15:52.150 --> 00:15:56.333
and that includes testimony
from Commission staff.

00:15:57.560 --> 00:16:00.670
So, I understand your
concerns about that.

00:16:00.670 --> 00:16:03.110
And so we'd be happy to
address it as necessary.

00:16:03.110 --> 00:16:05.190
And then to Commissioner Cobos's

00:16:05.190 --> 00:16:07.960
issues with double recovery.

00:16:07.960 --> 00:16:09.830
I think that that's
something we can address

00:16:09.830 --> 00:16:12.240
in supplemental testimony is ensuring

00:16:12.240 --> 00:16:15.140
and pointing into the
record in the application

00:16:15.140 --> 00:16:17.203
where those costs are laid out.

00:16:18.350 --> 00:16:20.460
But as I mentioned at the start of this,

00:16:20.460 --> 00:16:25.460
these fees are solely
cost causation based fees

00:16:26.550 --> 00:16:29.090
to where they're tracking direct costs

00:16:29.090 --> 00:16:30.850
associated with individual customers,

00:16:30.850 --> 00:16:32.920
as opposed to spreading those out.

00:16:32.920 --> 00:16:35.040
But obviously we wanna
make sure that those things

00:16:35.040 --> 00:16:36.420
are not being double recovered.

00:16:36.420 --> 00:16:37.253
That is not the intent.

00:16:37.253 --> 00:16:38.086
<v ->But the point is,</v>

00:16:38.086 --> 00:16:40.860
is that someone's moving
into your service territory.

00:16:40.860 --> 00:16:42.780
They have no other options.

00:16:42.780 --> 00:16:45.480
And regardless whether
they're cost causation applied

00:16:45.480 --> 00:16:47.120
school district or not,

00:16:47.120 --> 00:16:49.200
they're still gonna get sticker shock

00:16:49.200 --> 00:16:51.640
when they see that
first bill is like, oh,

00:16:51.640 --> 00:16:55.500
there's seven different
fees that are adding up

00:16:55.500 --> 00:16:58.100
well, close to $500.

00:16:58.100 --> 00:16:59.240
They need water.

00:16:59.240 --> 00:17:00.073
<v ->Sure.</v>

00:17:00.073 --> 00:17:03.160
<v ->And, so this is how
you get baked in fees</v>

00:17:03.160 --> 00:17:06.308
that essentially anyway.

00:17:06.308 --> 00:17:07.141
<v ->(indistinct) about fees?</v>

00:17:07.141 --> 00:17:08.220
<v ->That's right.</v>

00:17:08.220 --> 00:17:11.704
<v ->So I think, message
is out and clear.</v>

00:17:11.704 --> 00:17:12.537
<v Cody>Sure.</v>

00:17:12.537 --> 00:17:13.800
<v ->Commission's gonna
be looking at the fees</v>

00:17:13.800 --> 00:17:16.223
and the Commission
staff and OPAC out there.

00:17:17.530 --> 00:17:20.680
This is something we're
gonna be looking at with,

00:17:20.680 --> 00:17:22.480
one, are they allowed under the rules?

00:17:22.480 --> 00:17:24.530
Two, are they justified with evidence?

00:17:24.530 --> 00:17:26.780
And three are there
providing any avenues

00:17:26.780 --> 00:17:28.023
for double recovery?

00:17:29.270 --> 00:17:30.483
<v ->Sure.</v>
<v ->Well said.</v>

00:17:31.600 --> 00:17:32.630
<v ->Yeah, very well put,</v>

00:17:32.630 --> 00:17:36.900
given the, I agree with
everything else said,

00:17:36.900 --> 00:17:40.690
given the mismatch
of timing of testimony

00:17:40.690 --> 00:17:42.623
that he just laid out is,

00:17:43.653 --> 00:17:46.983
do you wanna remand it
and give a chance to look at?

00:17:48.572 --> 00:17:51.180
<v ->If it's the will of this
body to remand that no,</v>

00:17:51.180 --> 00:17:53.790
I would advocate for striking the fees

00:17:53.790 --> 00:17:57.263
and no remand moving forward.

00:17:59.140 --> 00:18:00.790
<v ->I'm buying with that as well.</v>

00:18:00.790 --> 00:18:03.883
<v ->Okay, we've also got
the issue of notice though.</v>

00:18:06.900 --> 00:18:07.733
<v ->Notice.</v>

00:18:07.733 --> 00:18:08.910
<v ->The good cause exception.</v>

00:18:08.910 --> 00:18:09.743
<v ->That's right, good cause</v>

00:18:09.743 --> 00:18:10.720
that is correct.

00:18:10.720 --> 00:18:14.510
And I would also bring
up the refund to consumers

00:18:14.510 --> 00:18:15.943
regarding interim rates.

00:18:16.940 --> 00:18:18.640
The parties agreement
states that any amounts

00:18:18.640 --> 00:18:20.350
over recovered between the interim rates

00:18:20.350 --> 00:18:23.000
and final effective
rates must be refunded.

00:18:23.000 --> 00:18:26.800
Conclusion of law. 17, I
believe, should be modified

00:18:27.650 --> 00:18:29.910
to correctly address the refunds due.

00:18:29.910 --> 00:18:33.460
And an ordering paragraph
should be considered

00:18:33.460 --> 00:18:35.740
and added bit, requires the following

00:18:35.740 --> 00:18:37.770
to be addressed in the compliance docket

00:18:37.770 --> 00:18:40.090
already established in the case.

00:18:40.090 --> 00:18:42.230
One, identify the sums collected

00:18:42.230 --> 00:18:44.960
in excess of rates
approved by the Commission,

00:18:44.960 --> 00:18:46.850
identify the amount to be refunded

00:18:46.850 --> 00:18:49.850
to customers, via billing credits,

00:18:49.850 --> 00:18:52.160
and three, identify a reasonable number

00:18:52.160 --> 00:18:54.903
of monthly installments
for the credits to consumers.

00:18:56.310 --> 00:18:57.893
<v ->That all sounds good to me.</v>

00:18:59.061 --> 00:19:01.080
Not a dollar a month for.

00:19:01.080 --> 00:19:01.913
72 Months.

00:19:01.913 --> 00:19:02.855
<v ->Yes, sir.</v>

00:19:02.855 --> 00:19:05.260
(laughing)

00:19:05.260 --> 00:19:07.100
<v ->Does that change in
that order in paragraph</v>

00:19:07.100 --> 00:19:07.933
make sense to you?

00:19:07.933 --> 00:19:08.766
<v ->Yes.</v>

00:19:09.640 --> 00:19:10.940
<v ->All right, so we've got,</v>

00:19:11.920 --> 00:19:13.410
how do we fill out the
good cause exception?

00:19:13.410 --> 00:19:14.692
I'm fine with it, pretty good.

00:19:14.692 --> 00:19:15.970
<v ->I'm fine with it, I support it.</v>

00:19:15.970 --> 00:19:17.258
<v ->I have some comments on that.</v>

00:19:17.258 --> 00:19:18.824
<v ->Okay.</v>
<v ->We do have a notebook.</v>

00:19:18.824 --> 00:19:19.784
(laughing)

00:19:19.784 --> 00:19:20.674
We have a notebook.

00:19:20.674 --> 00:19:21.507
<v ->Okay.</v>

00:19:21.507 --> 00:19:24.140
So, I'm gonna vote in favor of granting

00:19:24.140 --> 00:19:28.390
the good cause waiver
that Concho has requested.

00:19:28.390 --> 00:19:33.290
However, I really do wanna
express disappointment

00:19:33.290 --> 00:19:35.790
with the water utilities
failure to notify OPAC

00:19:35.790 --> 00:19:37.880
as required by the Commission's rules.

00:19:37.880 --> 00:19:40.840
The Commission's rules
require all water utilities

00:19:40.840 --> 00:19:43.680
to provide notice of their
rate change applications,

00:19:43.680 --> 00:19:45.620
to OPAC water utilities,

00:19:45.620 --> 00:19:49.530
especially class A, B, and
C are more sophisticated,

00:19:49.530 --> 00:19:52.410
and are represented by
experienced counsel and must comply

00:19:52.410 --> 00:19:54.460
with the Commissions
notice requirements.

00:19:55.296 --> 00:19:56.480
And just for background purposes,

00:19:56.480 --> 00:19:59.020
OPAC, primarily
intervenes in class, A, B,

00:19:59.020 --> 00:20:01.500
and some C water utility rate cases

00:20:01.500 --> 00:20:04.709
because these water utilities
serve the most customers.

00:20:04.709 --> 00:20:07.770
OPAC doesn't intervene
in class D water utility cases

00:20:07.770 --> 00:20:09.863
due to the agency's limited resources.

00:20:11.210 --> 00:20:13.430
And I will say that
unlike electric rate cases

00:20:13.430 --> 00:20:16.910
where electric utilities
represent millions of customers

00:20:16.910 --> 00:20:20.810
and have a larger customer
base to spread their rates across

00:20:20.810 --> 00:20:24.430
water utility rate increases
have a more pronounced impact

00:20:26.819 --> 00:20:29.510
on consumers because these
water utilities serve thousands.

00:20:29.510 --> 00:20:33.070
And in some case, hundreds or less

00:20:33.070 --> 00:20:35.150
of consumers and have a much smaller

00:20:35.150 --> 00:20:37.630
customer base to spread their rates.

00:20:37.630 --> 00:20:39.050
I will say that importantly,

00:20:39.050 --> 00:20:41.480
while Commission staff does
represent the public interest,

00:20:41.480 --> 00:20:45.240
which weighs all
interests in a rate case,

00:20:45.240 --> 00:20:48.990
OPAC is the only
entity statutorily charged

00:20:48.990 --> 00:20:50.870
to represent the residential consumers.

00:20:50.870 --> 00:20:52.580
And that is an important responsibility

00:20:52.580 --> 00:20:55.410
that the legislature has
entrusted with OPAC

00:20:55.410 --> 00:20:58.870
and class A, B, and C water utilities

00:20:58.870 --> 00:21:00.160
have to provide OPAC notice

00:21:00.160 --> 00:21:01.360
of their rate change applications

00:21:01.360 --> 00:21:02.560
as required by the rule.

00:21:03.910 --> 00:21:04.860
I'm gonna vote in favor

00:21:04.860 --> 00:21:06.500
of granting this good cause exception.

00:21:06.500 --> 00:21:09.010
There is no excuse for the class, A, B,

00:21:09.010 --> 00:21:10.100
and C water utilities,

00:21:10.100 --> 00:21:12.360
not to be providing OPAC notice

00:21:12.360 --> 00:21:14.620
of these water utility rate cases.

00:21:14.620 --> 00:21:18.883
So it's just putting
the utilities on notice.

00:21:20.100 --> 00:21:24.220
This is something that
should not be overlooked.

00:21:24.220 --> 00:21:26.770
OPAC plays a very
important role in water utility

00:21:26.770 --> 00:21:29.290
rate case litigation for
these bigger water utilities.

00:21:29.290 --> 00:21:32.113
And I just really wanna
send that message.

00:21:33.490 --> 00:21:35.700
<v ->Well put, and at
the end of the day,</v>

00:21:35.700 --> 00:21:38.693
we're doing all this for our consumers.

00:21:39.580 --> 00:21:40.800
<v ->Absolutely.</v>

00:21:40.800 --> 00:21:41.633
<v ->All right.</v>

00:21:42.600 --> 00:21:47.253
We've got a framework of
what we wanna pull here.

00:21:48.430 --> 00:21:51.970
Let me see if I can
capture it all in one sitting.

00:21:51.970 --> 00:21:56.350
Is there a motion to
approve the proposed order

00:21:56.350 --> 00:21:58.770
with the following modifications:

00:21:58.770 --> 00:22:01.190
To grant contracts request
for good cause exception

00:22:01.190 --> 00:22:04.173
to the substantive rule require
notice to OPAC this time.

00:22:05.190 --> 00:22:07.130
Reject the Fireline standby fee,

00:22:07.130 --> 00:22:09.640
service call fee, a connect
or disconnect service

00:22:09.640 --> 00:22:11.120
upon customer request,

00:22:11.120 --> 00:22:13.200
meter tampering fee, inspection fee,

00:22:13.200 --> 00:22:15.600
and modify the tariff accordingly.

00:22:15.600 --> 00:22:18.130
Add an ordering
paragraph requiring parties

00:22:18.130 --> 00:22:22.860
to file the following items
in the compliance document

00:22:22.860 --> 00:22:25.760
to identify songs collected
from the interim rates

00:22:25.760 --> 00:22:28.740
in excess of Commission approved rates.

00:22:28.740 --> 00:22:30.580
Identify the amount to be refunded

00:22:30.580 --> 00:22:34.440
and identify reasonable amount of time

00:22:34.440 --> 00:22:37.760
for those billing
credits to be refunded.

00:22:37.760 --> 00:22:38.593
All of it.

00:22:38.593 --> 00:22:40.130
<v ->Very well done, sir.</v>

00:22:40.130 --> 00:22:41.517
<v ->Is there a second
or is there a motion?</v>

00:22:41.517 --> 00:22:43.160
<v ->Motion moved.</v>
<v ->Second.</v>

00:22:43.160 --> 00:22:44.250
<v ->Second.</v>

00:22:44.250 --> 00:22:45.600
<v ->All in favor, say aye.</v>

00:22:45.600 --> 00:22:46.520
<v ->Aye.</v>
<v ->Aye.</v>

00:22:46.520 --> 00:22:48.180
<v ->Motion passes.</v>

00:22:48.180 --> 00:22:49.168
<v Cody>Thank you for
your time, Commissioner.</v>

00:22:49.168 --> 00:22:51.440
<v ->I appreciate it.</v>

00:22:51.440 --> 00:22:52.580
<v ->All right, next item please.</v>

00:22:52.580 --> 00:22:53.787
Mr. Journeay.

00:22:56.260 --> 00:22:58.630
<v ->Item three's docket 50347</v>

00:22:58.630 --> 00:23:01.030
is the application of
Texas Country Water, Inc.

00:23:01.030 --> 00:23:04.370
For authority to change rates,

00:23:04.370 --> 00:23:06.797
a proposed order was
filed on October 6th

00:23:06.797 --> 00:23:09.913
and a correction memorandum
filed on October 15th.

00:23:12.970 --> 00:23:13.803
<v ->All right.</v>

00:23:13.803 --> 00:23:18.490
We seem to have a pretty
straightforward settlement here,

00:23:18.490 --> 00:23:22.330
but yet again, OPAC is the issue.

00:23:22.330 --> 00:23:26.413
And thankfully we have
a former OPAC with us.

00:23:27.410 --> 00:23:30.455
I'll defer to Lori, if
it's all right with you.

00:23:30.455 --> 00:23:31.288
<v ->Thank you chairman.</v>

00:23:31.288 --> 00:23:33.773
And what I will add is,

00:23:35.220 --> 00:23:38.440
as I stated earlier, I hold,

00:23:38.440 --> 00:23:43.100
while our rule requires
notice to OPAC by all classes

00:23:43.100 --> 00:23:45.380
of water utilities, I do hold a class,

00:23:45.380 --> 00:23:48.740
A, B, and C water
utilities to higher standard.

00:23:48.740 --> 00:23:52.400
And ultimately we may
need to modify our notice rules

00:23:52.400 --> 00:23:55.763
to remove class D since OPAC
doesn't intervene in class D.

00:23:57.030 --> 00:23:58.510
From time to time, we'll help,

00:23:58.510 --> 00:24:01.270
utilities that call that are
representing themselves

00:24:01.270 --> 00:24:03.880
as class C water utilities, just
with some general guidance.

00:24:03.880 --> 00:24:08.150
But the role does require
notice by all water utilities.

00:24:08.150 --> 00:24:13.150
But I do hold class A, B
and C to a higher standard,

00:24:13.330 --> 00:24:16.770
because as I stated earlier,
they're more sophisticated

00:24:16.770 --> 00:24:19.970
and are typically represented
by experienced counsel.

00:24:19.970 --> 00:24:21.070
Here, we have a case where we have

00:24:21.070 --> 00:24:24.200
a small water utility
with 103 connections.

00:24:24.200 --> 00:24:26.310
Yes, they didn't provide notice to OPAC.

00:24:26.310 --> 00:24:30.220
I think ultimately the facts

00:24:30.220 --> 00:24:33.239
of the settlement agreement I think

00:24:33.239 --> 00:24:37.340
are not as pronounced as the prior case.

00:24:37.340 --> 00:24:40.140
The only question I did have
was again with the tap fee.

00:24:41.300 --> 00:24:43.670
There is an increase in
the settlement agreement

00:24:43.670 --> 00:24:47.779
where the tap fee is
increased from $450 to $3,500.

00:24:47.779 --> 00:24:51.486
And that is over $3,000 of a tap fee

00:24:51.486 --> 00:24:56.486
that is not justified by the evidence.

00:24:57.750 --> 00:25:01.460
So I would just like to ask
if there is representation

00:25:01.460 --> 00:25:04.630
from Texas country here
that can maybe give us,

00:25:04.630 --> 00:25:05.990
shed a little bit of light as to why

00:25:05.990 --> 00:25:08.430
they're such a significant
increase in the tap fee.

00:25:08.430 --> 00:25:11.460
I know that the company hasn't
been in for a water rate case

00:25:11.460 --> 00:25:12.980
in about 20 years,

00:25:12.980 --> 00:25:14.990
so maybe that's driving
the significant increase

00:25:14.990 --> 00:25:16.680
or perhaps Commission staff could shed

00:25:16.680 --> 00:25:19.100
a little bit of light on that costs,

00:25:19.100 --> 00:25:21.450
because that's $3,500.

00:25:21.450 --> 00:25:22.320
If you're getting a tap fee put

00:25:22.320 --> 00:25:24.650
into your tap fee infrastructure,

00:25:24.650 --> 00:25:27.793
put in at your home or
business service territory.

00:25:29.610 --> 00:25:31.720
<v ->Robert Parish for
Commission staff.</v>

00:25:31.720 --> 00:25:32.980
I don't have an answer for you today,

00:25:32.980 --> 00:25:35.120
but I can go back
and work with the utility

00:25:35.120 --> 00:25:35.953
to get an answer.

00:25:35.953 --> 00:25:38.370
And if the Commissioner is fluent

00:25:38.370 --> 00:25:40.270
if there isn't good justification,

00:25:40.270 --> 00:25:42.000
we can lower that tap fee number,

00:25:42.000 --> 00:25:44.500
but I will need to work with the utility

00:25:44.500 --> 00:25:45.690
since it is an increase.

00:25:45.690 --> 00:25:47.585
<v ->Yes, I think that
would be prudent.</v>

00:25:47.585 --> 00:25:48.418
<v ->Okay.</v>

00:25:48.418 --> 00:25:49.602
<v ->If you would be okay with.</v>

00:25:49.602 --> 00:25:50.760
<v ->That's fine with me.</v>

00:25:50.760 --> 00:25:51.593
<v ->Fine with me.</v>
<v ->And with me.</v>

00:25:51.593 --> 00:25:53.067
<v ->Okay, thank you so much.</v>

00:25:53.067 --> 00:25:54.120
<v ->Thank you.</v>

00:25:54.120 --> 00:25:55.660
<v ->We need to vote to
remand or we table it.</v>

00:25:55.660 --> 00:25:57.980
Can we table this for a future meeting?

00:25:57.980 --> 00:26:01.410
<v ->Why don't we just table
it and see what we get?</v>

00:26:01.410 --> 00:26:02.243
<v ->Okay.</v>

00:26:02.243 --> 00:26:03.610
<v ->All right then.</v>

00:26:03.610 --> 00:26:05.720
consider Docket 50347 tabled

00:26:05.720 --> 00:26:09.240
until a future meeting
of this Commission.

00:26:09.240 --> 00:26:10.713
Next item, please, sir.

00:26:11.780 --> 00:26:14.743
<v ->Let's see, that gets us to.</v>

00:26:16.910 --> 00:26:20.420
<v ->Item nine.</v>
<v ->Item 12 I believe.</v>

00:26:20.420 --> 00:26:21.840
<v ->Well, let me make
sure if we have</v>

00:26:21.840 --> 00:26:24.590
any discussion points on that if not,

00:26:24.590 --> 00:26:25.540
I don't have anything on.

00:26:25.540 --> 00:26:26.605
<v ->No sir.</v>

00:26:26.605 --> 00:26:27.438
<v ->On which item?</v>

00:26:27.438 --> 00:26:28.800
I'm sorry.
<v ->Item nine.</v>

00:26:28.800 --> 00:26:29.633
<v ->No.</v>

00:26:29.633 --> 00:26:31.268
<v ->No, thank you.</v>

00:26:31.268 --> 00:26:32.210
<v ->Item 10 was consented</v>

00:26:32.210 --> 00:26:35.520
11 regarding state
and federal legislation.

00:26:35.520 --> 00:26:36.993
I don't have anything on this.

00:26:37.850 --> 00:26:39.007
<v ->No, thank you.</v>

00:26:39.007 --> 00:26:41.333
<v ->And that will
take us to item 12.</v>

00:26:41.333 --> 00:26:43.700
<v ->Item 12 is docket 51023,</v>

00:26:43.700 --> 00:26:45.630
its application, of City of San Antonio

00:26:45.630 --> 00:26:48.670
to amend to CCN for transmission line.

00:26:48.670 --> 00:26:51.610
A proposal for decision
was filed on July 26,

00:26:51.610 --> 00:26:53.780
exceptions to the proposal

00:26:53.780 --> 00:26:55.840
and replies to the
exceptions were filed.

00:26:55.840 --> 00:26:59.720
The ALJs filed a memo with corrections

00:26:59.720 --> 00:27:01.460
to the narrative of the proposal.

00:27:01.460 --> 00:27:03.930
in one finding of fact.

00:27:03.930 --> 00:27:05.920
The Commission granted oral argument.

00:27:05.920 --> 00:27:07.890
And I would just note that some parties

00:27:07.890 --> 00:27:09.520
filed written argument

00:27:09.520 --> 00:27:12.658
of saying they could
not make the meeting.

00:27:12.658 --> 00:27:15.350
<v ->I appreciate that.</v>

00:27:15.350 --> 00:27:17.480
And want to acknowledge
that we're all aware of.

00:27:17.480 --> 00:27:20.940
I'm sure of those written
comments that have been submitted.

00:27:20.940 --> 00:27:23.923
From landowners, we are gonna hear from,

00:27:24.780 --> 00:27:26.110
we are gonna hear her oral testimony

00:27:26.110 --> 00:27:28.410
for those who are called up to speak,

00:27:28.410 --> 00:27:30.370
please state your name for the record

00:27:31.598 --> 00:27:34.100
and speak clearly in the
microphone and who you're with.

00:27:34.100 --> 00:27:36.470
If you're with a particular entity.

00:27:36.470 --> 00:27:37.810
As usual speakers will,

00:27:37.810 --> 00:27:40.130
each speaker will have
three minutes to speak.

00:27:40.130 --> 00:27:43.033
If that works, standard
still works for y'all,

00:27:45.419 --> 00:27:48.230
at this point, we'll
begin the testimony.

00:27:48.230 --> 00:27:49.520
<v ->And Mr. Chairman,</v>

00:27:49.520 --> 00:27:52.930
if I could ask people who have a name

00:27:52.930 --> 00:27:55.840
that might be unknown
to us or difficult to know

00:27:55.840 --> 00:27:56.810
for the court reporter,

00:27:56.810 --> 00:27:59.040
who has to spell these
names out for the record,

00:27:59.040 --> 00:28:01.510
if they might spell their name for us,

00:28:01.510 --> 00:28:02.660
for the court reporter.

00:28:03.510 --> 00:28:04.343
<v ->Indeed.</v>

00:28:05.950 --> 00:28:07.100
Who do we have a first?

00:28:09.240 --> 00:28:13.150
<v ->Steven can we like suggest</v>

00:28:13.150 --> 00:28:15.280
maybe that you call
the first three speakers

00:28:15.280 --> 00:28:16.113
or four speakers?

00:28:16.113 --> 00:28:18.823
And so they know that
they're ready to go next.

00:28:18.823 --> 00:28:20.490
<v Steve>I'll be happy to sir.</v>

00:28:20.490 --> 00:28:22.810
<v ->So as a means to speed.</v>

00:28:22.810 --> 00:28:25.630
<v ->So the first three
will be Brad Bailiff,</v>

00:28:25.630 --> 00:28:28.933
Carly Barton and Molly Keck.

00:28:39.307 --> 00:28:40.140
<v Steve>And I guess sir,</v>

00:28:40.140 --> 00:28:43.060
you're gonna test my skills once again,

00:28:43.060 --> 00:28:44.730
on keeping time.

00:28:44.730 --> 00:28:46.536
<v ->Keep you on your
toes Mr. Journeay.</v>

00:28:46.536 --> 00:28:49.010
(laughing)

00:28:49.010 --> 00:28:50.833
<v ->Three minutes, sir.</v>
<v ->Yes sir.</v>

00:28:52.090 --> 00:28:54.120
<v ->All right, we'll
start with Mr. Bailiff.</v>

00:28:54.120 --> 00:28:57.160
<v ->Thank you, Mr. Chairman,
I represent Lisa Chandler,</v>

00:28:57.160 --> 00:29:01.340
Clinton Chandler and
Chip and Pamela Putnam.

00:29:01.340 --> 00:29:05.020
They oppose any route
that includes segment 40.

00:29:05.020 --> 00:29:07.860
No party has talked about segment 40.

00:29:07.860 --> 00:29:12.170
None of the focus routes in
the hearing included segment 40

00:29:12.170 --> 00:29:14.670
and the PFD does not recommend a route

00:29:14.670 --> 00:29:16.033
that includes segment 40.

00:29:17.300 --> 00:29:18.750
They support the PFD.

00:29:18.750 --> 00:29:21.980
There was a lot of evidence
in this, a lot of testimony,

00:29:21.980 --> 00:29:25.130
several days of a hearing
and parties had opportunity

00:29:25.130 --> 00:29:27.730
to flesh that out and do a
lot of cross examination.

00:29:29.010 --> 00:29:32.950
The Chandlers and the Putnam's
did retain an expert witness

00:29:32.950 --> 00:29:35.870
who recommended one of the focus routes.

00:29:35.870 --> 00:29:40.140
Route AA2 is very similar
to the route recommended

00:29:40.140 --> 00:29:42.470
in the PFD, except it goes

00:29:42.470 --> 00:29:45.460
a little further south at one point.

00:29:45.460 --> 00:29:50.380
And I'm just raising that
as they talked about it.

00:29:50.380 --> 00:29:54.500
They recommended it, but
they will support the PFD,

00:29:54.500 --> 00:29:56.900
even though it does
affect the Southern portion

00:29:56.900 --> 00:29:59.223
of Ms. Chandlers property.

00:30:00.800 --> 00:30:02.607
<v ->Thank you, sir.</v>
<v ->Thank you.</v>

00:30:02.607 --> 00:30:05.249
<v ->And I'd go ahead and
call Brenda Ohrmundt.</v>

00:30:05.249 --> 00:30:07.307
Sorry that I butchered your name.

00:30:07.307 --> 00:30:09.263
Next step is Carly Barton.

00:30:14.180 --> 00:30:15.230
<v ->Good morning Commissioners.</v>

00:30:15.230 --> 00:30:16.660
My name is Carly Barton.

00:30:16.660 --> 00:30:17.580
I'm here on behalf

00:30:17.580 --> 00:30:21.080
of the Clearwater Ranch
Property Owners Association

00:30:21.080 --> 00:30:23.570
and the individual neighbors
that were interveners.

00:30:23.570 --> 00:30:26.180
In this case, I will be brief.

00:30:26.180 --> 00:30:29.480
I will let my clients speak
to you about the merits

00:30:29.480 --> 00:30:31.770
of their position I have here today,

00:30:31.770 --> 00:30:34.770
Molly Keck, Brenda
Ohrmundt, and Mike Stevens,

00:30:34.770 --> 00:30:36.320
who's the president of the POA.

00:30:41.345 --> 00:30:42.700
<v ->Go ahead?</v>

00:30:42.700 --> 00:30:43.980
<v Man>Say your name and spell it.</v>

00:30:43.980 --> 00:30:47.733
<v ->My name is Molly
Keck, M-O-L-L-Y K-E-C-K.</v>

00:30:48.980 --> 00:30:51.110
Thank you very much for
giving us the opportunity

00:30:51.110 --> 00:30:53.020
to speak to you today about our concerns

00:30:53.020 --> 00:30:54.720
regarding this project.

00:30:54.720 --> 00:30:57.600
We appreciate the recommendation
that was made by the ALJ

00:30:57.600 --> 00:31:01.670
to run transmission lines
along to Toutant Beauregard,

00:31:01.670 --> 00:31:04.340
which is route Z2, and sincerely hope

00:31:04.340 --> 00:31:05.173
that you will see this

00:31:05.173 --> 00:31:07.900
as the most reasonable
pathway for the lines.

00:31:07.900 --> 00:31:09.450
As I mentioned, my name is Molly Keck

00:31:09.450 --> 00:31:10.800
and I represent a unique

00:31:10.800 --> 00:31:13.040
and beautifully untouched community.

00:31:13.040 --> 00:31:14.370
That interveners are asking you

00:31:14.370 --> 00:31:16.460
to place transmission lines through.

00:31:16.460 --> 00:31:18.760
My husband and I moved
and built in Clearwater Ranch

00:31:18.760 --> 00:31:19.950
eight years ago, with the intent

00:31:19.950 --> 00:31:21.820
to provide our children
with a space to grow,

00:31:21.820 --> 00:31:24.510
be safe and learn to appreciate nature.

00:31:24.510 --> 00:31:27.320
They attended McAndrew
Elementary along with many children

00:31:27.320 --> 00:31:29.450
inside of Clearwater Ranch today.

00:31:29.450 --> 00:31:33.640
And while there is
some question about Z2

00:31:33.640 --> 00:31:36.480
bordering McAndrew, it
does not impact those children

00:31:36.480 --> 00:31:39.090
at the school, as
much as it would impact

00:31:39.090 --> 00:31:41.640
the children inside of Clearwater Ranch.

00:31:41.640 --> 00:31:43.950
Our community is made
up of less than 30 lots

00:31:43.950 --> 00:31:46.110
of at least 11 acres,
and they will never

00:31:46.110 --> 00:31:49.270
and cannot be
subdivided into smaller lots,

00:31:49.270 --> 00:31:53.640
but routes going through
Clearwater ranch are one and piece

00:31:53.640 --> 00:31:55.980
specifically would bisect properties

00:31:55.980 --> 00:31:58.010
and require a century old trees, Cedar

00:31:58.010 --> 00:31:59.430
and shred brush to be removed,

00:31:59.430 --> 00:32:01.710
to make room for
those transmission lines.

00:32:01.710 --> 00:32:03.380
And whilst Cedar and shrub brush

00:32:03.380 --> 00:32:05.380
may not be aesthetically appealing.

00:32:05.380 --> 00:32:06.810
It is important to our neighborhood

00:32:06.810 --> 00:32:08.820
because it is the nesting
and breeding habitat

00:32:08.820 --> 00:32:10.410
to endangered bird species

00:32:12.000 --> 00:32:14.760
that's known to live
in Clearwater Ranch.

00:32:14.760 --> 00:32:17.810
In addition, nearly 100%
of our property owners

00:32:17.810 --> 00:32:20.150
utilize the wildlife
management tax exemption.

00:32:20.150 --> 00:32:23.660
So maintaining these habitats
is incredibly important to us.

00:32:23.660 --> 00:32:26.100
Route Z2 is the most reasonable route

00:32:26.100 --> 00:32:28.460
with the least destruction
to property and land.

00:32:28.460 --> 00:32:31.660
It follows an existing
distribution line and roadway.

00:32:31.660 --> 00:32:34.890
And so there already exists
a natural path for these lines.

00:32:34.890 --> 00:32:37.590
It would not bisect
properties or fragment land

00:32:37.590 --> 00:32:40.170
like it will do within Clearwater Ranch.

00:32:40.170 --> 00:32:42.802
I'm sure that cost is also a
concern for the Commission--

00:32:42.802 --> 00:32:44.367
<v ->You have one minute.</v>
<v ->As it is for the public.</v>

00:32:44.367 --> 00:32:46.720
The Northern routes
are significantly cheaper

00:32:46.720 --> 00:32:48.590
than the Southern routes
and those running through

00:32:48.590 --> 00:32:51.770
Clearwater Ranch are
at the top of the cost list.

00:32:51.770 --> 00:32:54.080
Thank you for this
opportunity to speak to today.

00:32:54.080 --> 00:32:55.430
<v ->Thank you for being here.</v>

00:32:57.350 --> 00:33:02.350
<v ->Hi morning, Brenda
Ohrmundt, O-H-R-M-U-N-D-T.</v>

00:33:04.460 --> 00:33:05.598
My husband's name.

00:33:05.598 --> 00:33:07.440
(laughing)

00:33:07.440 --> 00:33:09.050
I'm Brenda, I live in Clearwater

00:33:09.050 --> 00:33:11.610
with my husband Kurt and
our two girls seven and nine.

00:33:11.610 --> 00:33:14.370
They also attend McAndrew Elementary.

00:33:14.370 --> 00:33:16.730
I grew up in the area
in the hill country,

00:33:16.730 --> 00:33:18.950
but my husband grew up
in Greendale, Wisconsin,

00:33:18.950 --> 00:33:20.020
which if you're not familiar

00:33:20.020 --> 00:33:21.970
is one of the three plan communities

00:33:21.970 --> 00:33:24.360
that were constructed
during the new deal.

00:33:24.360 --> 00:33:26.190
They were designed to provide housing

00:33:26.190 --> 00:33:29.760
in a quick, easy distance from gardens

00:33:29.760 --> 00:33:33.130
and employment and a town center.

00:33:33.130 --> 00:33:35.470
And they're unique because
they're called Greenbelt.

00:33:35.470 --> 00:33:38.320
They have green area
all the way around them,

00:33:38.320 --> 00:33:40.850
and they kind of create their own park.

00:33:40.850 --> 00:33:41.900
They are their own park,

00:33:41.900 --> 00:33:45.033
and that's how I see Clearwater
and the specialness of it.

00:33:47.800 --> 00:33:50.530
We are close to town,
but we live in the country.

00:33:50.530 --> 00:33:52.760
We have large acre lots
that Molly talked about.

00:33:52.760 --> 00:33:55.380
The Leon Creek flows
through our subdivision

00:33:55.380 --> 00:33:57.660
and we have a lot of wild area.

00:33:57.660 --> 00:34:01.220
There is exploding growth
all the way around us,

00:34:01.220 --> 00:34:02.680
completely encircling us.

00:34:02.680 --> 00:34:04.570
And Clearwater has become a refuge,

00:34:04.570 --> 00:34:06.614
not only for those of us
that choose to live there,

00:34:06.614 --> 00:34:10.403
but also for the wildlife,
which we have in plenty.

00:34:12.270 --> 00:34:14.730
That's why I came here
today to tell you about

00:34:14.730 --> 00:34:16.610
this special place that we have

00:34:16.610 --> 00:34:19.180
and to ask you to preserve it.

00:34:19.180 --> 00:34:21.080
I mentioned Greendale
earlier in the planning

00:34:21.080 --> 00:34:23.990
that was essential to creating
that unique community.

00:34:23.990 --> 00:34:25.600
What you do here is important,

00:34:25.600 --> 00:34:27.680
and we know that
planning for infrastructure

00:34:27.680 --> 00:34:29.530
is very important and we appreciate

00:34:29.530 --> 00:34:31.580
your careful consideration.

00:34:31.580 --> 00:34:33.590
We've seen just a tiny slice of how much

00:34:33.590 --> 00:34:36.993
goes into this process, and
we appreciate the deliberation.

00:34:38.260 --> 00:34:41.890
We ask you to please
carefully consider the criteria

00:34:41.890 --> 00:34:44.010
and choose a route that best meets.

00:34:44.010 --> 00:34:46.280
We're asking you to place
these transmission lines

00:34:46.280 --> 00:34:48.980
along existing infrastructure, roads,

00:34:48.980 --> 00:34:50.490
and existing distribution lines

00:34:50.490 --> 00:34:52.410
that are already
present to the north of us

00:34:52.410 --> 00:34:54.884
along to Toutant Beauregard.

00:34:54.884 --> 00:34:57.170
We were asking you to
choose a route that does not cut

00:34:57.170 --> 00:35:00.840
directly through our
neighborhood and our natural area.

00:35:00.840 --> 00:35:04.140
Any segment that cuts completely
through our neighborhood

00:35:04.140 --> 00:35:06.477
is in my opinion, unnecessary

00:35:06.477 --> 00:35:10.550
and does not show careful
planning and does not show respect

00:35:10.550 --> 00:35:13.020
for already existing communities,

00:35:13.020 --> 00:35:15.710
especially considering
that all of the other routes

00:35:15.710 --> 00:35:18.560
that are proposed appear
to respect the boundaries

00:35:18.560 --> 00:35:20.370
of already existing communities,

00:35:20.370 --> 00:35:23.093
except those that run
directly through Clearwater.

00:35:25.140 --> 00:35:27.610
Please remember our
wildlife that they need us,

00:35:27.610 --> 00:35:31.440
and we need them, as Molly
mentioned for our tax exemptions.

00:35:31.440 --> 00:35:34.590
And we ask you to
choose either of the routes

00:35:34.590 --> 00:35:37.280
that are Z routes or AA routes,

00:35:37.280 --> 00:35:39.820
which are most economical for everyone,

00:35:39.820 --> 00:35:42.803
not just Clearwater, thank
you very much for our time.

00:35:43.730 --> 00:35:45.250
<v Commissioner>Thank you.</v>

00:35:45.250 --> 00:35:47.590
<v ->This is Michael
Stevens, M-I-C-H-A-E-L</v>

00:35:47.590 --> 00:35:50.141
and then Stevens, S-T-E-V-E-N-S.

00:35:50.141 --> 00:35:50.974
<v ->[Commissioner Lake]
Before you get started,</v>

00:35:50.974 --> 00:35:52.660
who do we have next up?

00:35:52.660 --> 00:35:55.530
<v ->Call up Helen
Gilbert, Lynn Sherman,</v>

00:35:55.530 --> 00:35:58.773
and oh my goodness.

00:36:01.223 --> 00:36:05.530
(indistinct) S. L who lives
at 9542 Majestic Oak drive.

00:36:05.530 --> 00:36:07.430
I'm sorry, I cannot read your writing.

00:36:09.200 --> 00:36:12.173
<v ->Great, thank you for giving
us the time to meet with you.</v>

00:36:13.230 --> 00:36:14.823
We really appreciate this.

00:36:15.810 --> 00:36:18.319
Where I lived in San Antonio.

00:36:18.319 --> 00:36:21.630
I grew up in an area where everyone,

00:36:21.630 --> 00:36:24.040
I would be the only one out
there mowing my own lawn.

00:36:24.040 --> 00:36:26.210
And it was really weird neighborhood,

00:36:26.210 --> 00:36:28.600
now where I live, everyone
mows their own property,

00:36:28.600 --> 00:36:31.083
even the much larger
people care about it.

00:36:32.190 --> 00:36:34.340
We actually paid extra money to bury

00:36:34.340 --> 00:36:36.570
all of our transmission
lines underground,

00:36:36.570 --> 00:36:39.010
just to preserve the natural beauty

00:36:39.010 --> 00:36:42.570
and many of us have water stations,

00:36:42.570 --> 00:36:45.650
feeding stations for the
wildlife, so that's a priority.

00:36:45.650 --> 00:36:47.730
And even many of the neighborhood kids

00:36:47.730 --> 00:36:48.760
will come over to my yard.

00:36:48.760 --> 00:36:51.800
We have a zip line, they
come over to our garden.

00:36:51.800 --> 00:36:53.593
So it's a very open community.

00:36:54.700 --> 00:36:56.890
The proposed lines that go
through our neighborhood,

00:36:56.890 --> 00:36:59.150
not only bisect the
neighborhood, they cross

00:36:59.150 --> 00:37:01.610
and bisects several of the properties

00:37:01.610 --> 00:37:03.650
within the neighborhood.

00:37:03.650 --> 00:37:08.650
And that would significantly
impact those properties.

00:37:08.950 --> 00:37:09.970
What's interesting is.

00:37:09.970 --> 00:37:13.210
<v ->Can you clarify for me
which neighborhood you're in?</v>

00:37:13.210 --> 00:37:14.163
<v ->Clearwater Ranch.</v>

00:37:14.163 --> 00:37:14.996
<v ->Okay, thank you.</v>

00:37:14.996 --> 00:37:15.970
<v ->So we're still the three of us,</v>

00:37:15.970 --> 00:37:17.040
yeah.
<v ->Thank you.</v>

00:37:17.040 --> 00:37:17.873
<v ->Sorry about that.</v>

00:37:17.873 --> 00:37:21.510
And you know, the
current proposed lines,

00:37:21.510 --> 00:37:23.377
the recommended lines, Z1 Z2,

00:37:24.520 --> 00:37:25.920
and then the others, A1, AA2

00:37:27.200 --> 00:37:29.840
would go along existing road

00:37:29.840 --> 00:37:32.390
that already has
electric lines along it.

00:37:32.390 --> 00:37:35.680
So it seems like that would
make much more sense,

00:37:35.680 --> 00:37:39.640
these lines that would not
go through our neighborhood

00:37:39.640 --> 00:37:43.313
would be millions dollars
less in cost and be shorter.

00:37:44.300 --> 00:37:46.080
So it's hard for me to
understand why anyone

00:37:46.080 --> 00:37:49.550
would wanna go through
our neighborhood, bisect it,

00:37:49.550 --> 00:37:54.550
spending more money to, just
really destroy natural habitat.

00:37:56.320 --> 00:37:58.530
And so again, I recommend
that you really look

00:37:58.530 --> 00:38:01.845
at the ALJs recommendation of Z2,

00:38:01.845 --> 00:38:06.845
if not Z1 or AA1 or AA2,
and just appreciate your time.

00:38:08.200 --> 00:38:09.241
Thank you.

00:38:09.241 --> 00:38:11.613
<v ->Thank you sir, I appreciate
you making the trip.</v>

00:38:13.080 --> 00:38:14.880
<v ->So next would be Helen Gilbert.</v>

00:38:14.880 --> 00:38:15.760
<v ->Yes Ms. Gilbert.</v>

00:38:15.760 --> 00:38:17.950
<v ->Good morning
Chairman, Commissioners.</v>

00:38:17.950 --> 00:38:18.930
I'm Helen Gilbert.

00:38:18.930 --> 00:38:22.940
For the record, I represent
the San Antonio Rose Palace

00:38:22.940 --> 00:38:27.070
and Straight Promotions
who are opposed to route Z2,

00:38:27.070 --> 00:38:30.190
and we support the Commission
staff's recommendation

00:38:30.190 --> 00:38:31.850
of route P.

00:38:31.850 --> 00:38:35.900
First off, we'd like to address
yesterday's exception letter

00:38:35.900 --> 00:38:39.950
filed by the ALJs referred
to as the memo this morning,

00:38:39.950 --> 00:38:43.150
we wanna clear up something
I think has been misconstrued.

00:38:43.150 --> 00:38:47.440
We did argue that the
PFT improperly created

00:38:47.440 --> 00:38:49.403
a new ad hoc standard.

00:38:50.290 --> 00:38:53.700
It did that very simply
the nature of the impact

00:38:53.700 --> 00:38:56.700
on neighborhoods,
isn't a routing criteria

00:38:56.700 --> 00:38:59.260
based in statute or rule.

00:38:59.260 --> 00:39:03.460
To be clear we agree
that community values

00:39:03.460 --> 00:39:05.440
is a broad area.

00:39:05.440 --> 00:39:08.250
And one that we acknowledge
will require balancing,

00:39:08.250 --> 00:39:12.890
but it is not so broad that it
can be evaluated in a vacuum.

00:39:12.890 --> 00:39:16.370
What we objected to,
was that that at some point,

00:39:16.370 --> 00:39:18.230
the impacts to residences,

00:39:18.230 --> 00:39:22.193
which was the top ranking
criteria in the questionnaire

00:39:22.193 --> 00:39:25.760
circulated by the applicants was morphed

00:39:25.760 --> 00:39:28.100
into this new nature of the impact

00:39:28.100 --> 00:39:30.260
on neighborhoods standard.

00:39:30.260 --> 00:39:32.460
And it wasn't just neighborhoods,

00:39:32.460 --> 00:39:36.710
but really this notion
that wide open spaces

00:39:36.710 --> 00:39:39.360
undisturbed land this
morning, you've heard

00:39:39.360 --> 00:39:42.070
the reference to untouched area.

00:39:42.070 --> 00:39:44.970
The PFD refers to sanctuaries

00:39:45.880 --> 00:39:48.810
that should somehow take precedence

00:39:48.810 --> 00:39:52.729
over the smaller tracks
on Toutant Beauregard,

00:39:52.729 --> 00:39:54.860
many of whom will have Z2

00:39:54.860 --> 00:39:57.423
in their front yards and driveways.

00:39:58.330 --> 00:40:01.890
Contrasted with the neighborhoods
like canyons, for example,

00:40:01.890 --> 00:40:04.510
which will have no impacts at all.

00:40:04.510 --> 00:40:06.860
This was what was unprecedented.

00:40:06.860 --> 00:40:10.230
And without prior notice
and opportunity for comment,

00:40:10.230 --> 00:40:12.070
it was inconsistent with due process

00:40:12.070 --> 00:40:16.293
and therefore provides you
the basis to overturn the PFD.

00:40:17.750 --> 00:40:19.840
The criteria is about landowners,

00:40:19.840 --> 00:40:23.540
not the so-called
undisturbed land standard,

00:40:23.540 --> 00:40:27.960
which really doesn't look at
the community at large at all.

00:40:27.960 --> 00:40:31.660
So, no, we did not elevate the number

00:40:31.660 --> 00:40:35.270
of habitable structures
above all other criteria,

00:40:35.270 --> 00:40:37.730
but we merely pointed out this error.

00:40:37.730 --> 00:40:41.210
We do find it ironic that
at the same time, the ALJs

00:40:41.210 --> 00:40:44.160
have applied this new
nature of the impact

00:40:44.160 --> 00:40:47.900
and neighborhood
standard not found in rule.

00:40:47.900 --> 00:40:50.540
They categorically dismissed issues

00:40:50.540 --> 00:40:54.100
like notice to elementary
school, parents

00:40:54.100 --> 00:40:57.100
and to the neighbors
around substation seven

00:40:57.980 --> 00:40:59.850
as not being required by rule,

00:40:59.850 --> 00:41:02.213
to us, that appeared
to be a double standard.

00:41:03.100 --> 00:41:05.610
As longstanding
members of this community,

00:41:05.610 --> 00:41:09.070
the San Antonio Rose
Palace and Straight Promotions

00:41:09.070 --> 00:41:13.260
are particularly concerned
that the historic significance

00:41:13.260 --> 00:41:16.130
of Toutant Beauregard
wasn't truly taken into account

00:41:16.130 --> 00:41:20.790
in this PFD, as the third stage

00:41:20.790 --> 00:41:24.080
are the only two historic
corridors in the state

00:41:25.760 --> 00:41:28.010
Toutant Beauregard really is the epitome

00:41:28.010 --> 00:41:31.704
of local community values
and should not be discounted.

00:41:31.704 --> 00:41:35.010
I'm happy to answer any
questions you might have.

00:41:35.010 --> 00:41:35.843
<v ->Thank you.</v>

00:41:38.070 --> 00:41:39.563
<v ->Next up is Lynn Sherman.</v>

00:41:40.970 --> 00:41:42.440
<v ->Yes, thank you.</v>

00:41:42.440 --> 00:41:44.290
<v ->I'd call up now
Mark Siegel please.</v>

00:41:47.850 --> 00:41:49.500
<v ->Mr. Chairman, Commissioners.</v>
<v ->Yes sir.</v>

00:41:49.500 --> 00:41:52.210
<v ->My name is Lynn Sherman
and I represent Brad Jour</v>

00:41:52.210 --> 00:41:56.540
and BBJ properties and
we too oppose route Z2,

00:41:56.540 --> 00:41:58.670
which was recommended by the PFD.

00:41:58.670 --> 00:42:02.750
And we also endorse
and recommend route P

00:42:02.750 --> 00:42:04.753
which is recommended
by Commission staff.

00:42:04.753 --> 00:42:06.250
I wanna touch on some very important,

00:42:06.250 --> 00:42:09.150
critical infrastructure
issues right up front.

00:42:09.150 --> 00:42:11.180
The first is substation seven,

00:42:11.180 --> 00:42:14.120
which is associated with route Z2.

00:42:14.120 --> 00:42:19.120
Substation Seven is within
the flood plain of Leon Creek,

00:42:19.380 --> 00:42:22.010
which is one of the
most flood-prone areas

00:42:22.010 --> 00:42:23.050
in the United States

00:42:23.050 --> 00:42:25.483
according to the US
Army Corps of engineers.

00:42:26.390 --> 00:42:29.800
It's subdivision plat shows
the flood plain extending

00:42:29.800 --> 00:42:33.030
into the area where the
substation will be located.

00:42:33.030 --> 00:42:36.230
And the Corps of
engineers report prepared

00:42:36.230 --> 00:42:40.680
after Leon Creek exceeded
flood stage in 2013,

00:42:40.680 --> 00:42:44.040
raises the flood plain
over seven feet higher

00:42:44.040 --> 00:42:46.773
and further into the substation area.

00:42:47.870 --> 00:42:51.140
Nevertheless, CPS continues to rely

00:42:51.140 --> 00:42:56.140
on outdated information
published before the 2013 flood.

00:42:57.535 --> 00:43:00.930
CPS's own siding
manual requires a location

00:43:00.930 --> 00:43:03.800
sufficiently above existing flood levels

00:43:03.800 --> 00:43:07.210
so future development will not cause

00:43:07.210 --> 00:43:10.590
the floodplain to encroach
upon the substation.

00:43:10.590 --> 00:43:12.853
This is not the case
from substation seven.

00:43:14.050 --> 00:43:17.290
In contrast, flooding
issues do not exist

00:43:17.290 --> 00:43:20.980
for substation six, which
is associated with route P.

00:43:20.980 --> 00:43:24.270
In fact, sub station
six is the most remote

00:43:24.270 --> 00:43:28.433
from any watercourse of any
of the substations proposed.

00:43:29.690 --> 00:43:31.960
A second critical infrastructure issue

00:43:31.960 --> 00:43:34.780
is communications tower number 501,

00:43:34.780 --> 00:43:38.750
it too is located immediately
adjacent to route Z2.

00:43:38.750 --> 00:43:43.450
This tower contains microwave
antenna leads to the regions

00:43:43.450 --> 00:43:45.890
emergency communication system,

00:43:45.890 --> 00:43:47.870
used by police and fire departments--

00:43:47.870 --> 00:43:49.050
<v ->You have one minute.</v>

00:43:49.050 --> 00:43:52.110
<v ->As well as the Leon
Creek flood warning system.</v>

00:43:52.110 --> 00:43:55.580
Microwave technology depends
on line of sight transmissions

00:43:55.580 --> 00:43:58.140
that can be impacted
by tall obstructions.

00:43:58.140 --> 00:44:00.290
And according to
uncontroverted testimony

00:44:00.290 --> 00:44:02.380
by the communication towers manager,

00:44:02.380 --> 00:44:06.250
the emergency networks
antenna is at a height and an asmith

00:44:06.250 --> 00:44:09.650
that will likely experience
interference from route Z2

00:44:09.650 --> 00:44:13.200
in the angle structure where
two of its sections meet.

00:44:13.200 --> 00:44:16.730
Selecting route P recommended
by Commission staff

00:44:16.730 --> 00:44:18.720
would avoid this issue altogether.

00:44:18.720 --> 00:44:21.770
The third issue I wanna
point out is that route Z2

00:44:21.770 --> 00:44:25.570
impacts almost twice as
many habitable structures

00:44:25.570 --> 00:44:26.697
than route P.

00:44:26.697 --> 00:44:29.460
And this comparison
does not include the homes

00:44:29.460 --> 00:44:31.230
that are currently under construction

00:44:31.230 --> 00:44:33.360
and about which CPS has knowledge

00:44:33.360 --> 00:44:35.810
in the new scenic crest subdivision

00:44:35.810 --> 00:44:38.460
that which are in the path of route Z2,

00:44:38.460 --> 00:44:42.410
which CPS has stated or
something for this Commission

00:44:42.410 --> 00:44:45.040
to look at and evaluate
as part of the testimony

00:44:45.040 --> 00:44:46.570
and information submitted.

00:44:46.570 --> 00:44:49.880
We strongly suggest that you
take these under consideration

00:44:49.880 --> 00:44:52.450
and choose route P over route Z2.

00:44:52.450 --> 00:44:53.650
Thank you.
<v ->Thank you.</v>

00:44:56.120 --> 00:45:00.880
<v ->So next I would call up
the Soledad Valenciano.</v>

00:45:00.880 --> 00:45:04.653
And next to speak would be,
I believe Scott Ludke, is that?

00:45:04.653 --> 00:45:05.830
<v Scott>It's Ludke.</v>

00:45:05.830 --> 00:45:06.663
<v ->Pardon.</v>
<v ->Ludke.</v>

00:45:06.663 --> 00:45:08.813
<v ->Ludke, sorry sir.</v>
<v ->That's all right.</v>

00:45:09.820 --> 00:45:11.023
<v ->Good morning.</v>
<v ->State your name</v>

00:45:11.023 --> 00:45:11.856
for the record and please
spell it for the reporter.

00:45:11.856 --> 00:45:16.513
<v ->Sure, my name is Scott
Ludke, it's L-U-E-D-K-E.</v>

00:45:17.390 --> 00:45:18.810
And I own the property located

00:45:18.810 --> 00:45:21.610
at 9542 Majestic Oak Circle,

00:45:21.610 --> 00:45:23.330
which is immediately adjacent

00:45:23.330 --> 00:45:25.277
to proposed substation site seven.

00:45:25.277 --> 00:45:29.000
The substation that's
recommended in the PD.

00:45:29.000 --> 00:45:29.960
As a point of reference,

00:45:29.960 --> 00:45:33.380
I share approximately
480 feet of property line

00:45:33.380 --> 00:45:35.600
running along the back or east side

00:45:35.600 --> 00:45:37.630
of substation site seven.

00:45:37.630 --> 00:45:39.960
I have an improved structure
on my property that sits

00:45:39.960 --> 00:45:43.660
approximately 30 feet from
that common property line.

00:45:43.660 --> 00:45:46.730
Despite this proximity
to substation site seven

00:45:46.730 --> 00:45:48.890
and unlike other landowners adjacent

00:45:48.890 --> 00:45:51.950
to other proposed substation sites,

00:45:51.950 --> 00:45:55.620
I never received any
notification from CPS

00:45:55.620 --> 00:45:57.350
regarding this proposal,

00:45:57.350 --> 00:45:58.910
even though I've been a CPS customer

00:45:58.910 --> 00:46:01.433
at that property since 2018.

00:46:02.290 --> 00:46:03.350
When I learned at the hearing

00:46:03.350 --> 00:46:05.490
to consider substation site seven,

00:46:05.490 --> 00:46:08.543
I tried to intervene, but
was denied that opportunity.

00:46:09.450 --> 00:46:12.560
Substation site seven was
included for consideration

00:46:12.560 --> 00:46:15.890
only after CPS held its one
and only open house meeting

00:46:15.890 --> 00:46:19.230
to present information and
to consider community input

00:46:19.230 --> 00:46:21.450
on other substation sites.

00:46:21.450 --> 00:46:23.180
So unlike the consideration,

00:46:23.180 --> 00:46:25.820
given to other viable substation sites,

00:46:25.820 --> 00:46:27.960
the general public was
not afforded an opportunity

00:46:27.960 --> 00:46:30.000
to weigh in and express concerns

00:46:30.000 --> 00:46:32.630
regarding substation site seven.

00:46:32.630 --> 00:46:33.770
In addition,

00:46:33.770 --> 00:46:36.850
unlike the treatment
regarding other substation sites,

00:46:36.850 --> 00:46:39.950
CPS did not notify all
adjoining land owners

00:46:39.950 --> 00:46:42.520
of this proposed substation site.

00:46:42.520 --> 00:46:45.610
I can confirm that I never
received any notification

00:46:45.610 --> 00:46:49.670
in writing, by email or phone
call from CPS or anyone

00:46:49.670 --> 00:46:53.440
representing CPS,
regarding this substation site.

00:46:53.440 --> 00:46:55.840
This again, despite being a CPS customer

00:46:55.840 --> 00:46:58.083
at this property for over three years.

00:46:58.950 --> 00:47:01.470
I first learned about
substation site seven

00:47:01.470 --> 00:47:03.460
in late March of this year.

00:47:03.460 --> 00:47:05.620
Shortly after learning of this new site,

00:47:05.620 --> 00:47:08.300
I submitted a letter to the
Public Utility Commission

00:47:08.300 --> 00:47:12.460
via the PUC interchange,
expressing my sincere concerns

00:47:12.460 --> 00:47:14.530
and I filed a motion to intervene.

00:47:14.530 --> 00:47:17.570
That motion was denied
without meaningful explanation

00:47:17.570 --> 00:47:19.530
and without any opportunity
to make a statement

00:47:19.530 --> 00:47:21.580
on the record, other than to correct

00:47:21.580 --> 00:47:23.820
their pronunciation of my last name

00:47:23.820 --> 00:47:25.230
and to correct a misstatement of fact

00:47:25.230 --> 00:47:27.550
made by another party
who objected to my motion.

00:47:27.550 --> 00:47:29.350
<v ->You have one minute.</v>
<v ->Thank you.</v>

00:47:31.490 --> 00:47:33.890
Not only will the location
of substation site seven

00:47:33.890 --> 00:47:35.790
severely negatively impact the value

00:47:35.790 --> 00:47:38.200
and quiet enjoyment on my property.

00:47:38.200 --> 00:47:40.260
The process that CPS used to advance

00:47:40.260 --> 00:47:42.320
this lead proposal was flawed

00:47:42.320 --> 00:47:43.740
and this proposed substation site

00:47:43.740 --> 00:47:45.620
poses significant environmental risks,

00:47:45.620 --> 00:47:48.800
not president other
viable substation sites.

00:47:48.800 --> 00:47:50.260
Thank you for your time

00:47:50.260 --> 00:47:52.593
and thoughtful consideration
of my comments.

00:47:53.610 --> 00:47:54.650
<v ->Thank you.</v>

00:47:54.650 --> 00:47:59.650
<v ->So next time I would call
up Michael Bitter or Butter</v>

00:48:00.170 --> 00:48:02.643
and then next to speak
will be Mark Siegel.

00:48:07.940 --> 00:48:08.773
<v ->Good afternoon.</v>

00:48:08.773 --> 00:48:12.760
My name is Mark Siegel, S-I-E-G-E-L.

00:48:12.760 --> 00:48:15.130
I'm a homeowner in Knuckle Springs

00:48:15.130 --> 00:48:16.940
and I propose route Z2

00:48:17.820 --> 00:48:20.050
Toutant Beauregard is a historical

00:48:20.050 --> 00:48:22.440
and scenic two-lane winding country road

00:48:22.440 --> 00:48:24.760
with cattle, horses, goats, and deer.

00:48:24.760 --> 00:48:26.570
As you look to your left and right,

00:48:26.570 --> 00:48:29.100
it is crossed several
times by Creek waters

00:48:29.100 --> 00:48:31.550
and it's highly prone to heavy flooding.

00:48:31.550 --> 00:48:34.350
Bear County listed on
their flood control website

00:48:34.350 --> 00:48:36.140
as a safety concern.

00:48:36.140 --> 00:48:38.170
There are several flood
gates that come down

00:48:38.170 --> 00:48:40.900
that stop traffic during a heavy rain,

00:48:40.900 --> 00:48:44.640
making it inaccessible to
emergency and utility vehicles.

00:48:44.640 --> 00:48:46.830
We are terrified of what
could happen when stuck

00:48:46.830 --> 00:48:49.550
behind a closed flood gate in a storm

00:48:49.550 --> 00:48:52.860
with HVT lines hanging over our heads.

00:48:52.860 --> 00:48:56.170
School buses filled with
children use this road.

00:48:56.170 --> 00:48:58.950
There were articles in the
San Antonio Express News,

00:48:58.950 --> 00:49:02.070
not too long ago about
children being trapped

00:49:02.070 --> 00:49:04.670
in this school, because there
was no access to the school

00:49:04.670 --> 00:49:06.510
because of the flood waters.

00:49:06.510 --> 00:49:08.170
This is a recipe for disaster

00:49:08.170 --> 00:49:10.493
by putting these HVT
lines along this road.

00:49:11.400 --> 00:49:13.460
Route Z2 also runs a dangerously close

00:49:13.460 --> 00:49:14.907
to McAndrews Elementary School

00:49:14.907 --> 00:49:17.690
and a proposal joining middle school.

00:49:17.690 --> 00:49:20.090
Dr. Pankratz, a practicing pediatric

00:49:20.090 --> 00:49:22.300
and Dr. Knowledges provided testimony

00:49:22.300 --> 00:49:25.360
of the danger of HVT
lines to children's health

00:49:25.360 --> 00:49:29.290
noting studies suggest HVT
lines may negatively impact

00:49:29.290 --> 00:49:30.780
neural behavioral function

00:49:30.780 --> 00:49:33.803
and increase a child's
risk of developing leukemia.

00:49:35.880 --> 00:49:38.510
Excuse me, Dr. Kumar and Dr. Diveti

00:49:38.510 --> 00:49:40.710
concurred in their filings.

00:49:40.710 --> 00:49:43.570
CPS tried to negate the
concerns of these doctors

00:49:43.570 --> 00:49:46.020
stating they were not experts.

00:49:46.020 --> 00:49:49.010
I ask you since when are
pediatricians not experts

00:49:49.010 --> 00:49:52.313
on childhood diseases,
but CPS engineers are?

00:49:54.000 --> 00:49:56.710
CPS's only defense to running HVT lines

00:49:56.710 --> 00:50:00.210
so close to our schools,
was we've done it before,

00:50:00.210 --> 00:50:03.400
as if past wrong
somehow make this right.

00:50:03.400 --> 00:50:05.670
As stated by the Northside
Independent School District

00:50:05.670 --> 00:50:08.480
in the hearing, just because you can

00:50:08.480 --> 00:50:09.700
doesn't mean you should.

00:50:09.700 --> 00:50:10.960
<v ->You have one minute, sir.</v>

00:50:10.960 --> 00:50:12.930
<v ->The PUC needs to
send a strong message</v>

00:50:12.930 --> 00:50:14.480
that we put our children's physical

00:50:14.480 --> 00:50:16.940
and mental health
and safety first in Texas.

00:50:16.940 --> 00:50:19.650
And we don't run HVT lines

00:50:19.650 --> 00:50:22.580
along our children's
schools and playgrounds.

00:50:22.580 --> 00:50:26.000
CPS presented charts,
and the cost of each route.

00:50:26.000 --> 00:50:27.340
When pressed to provide more detail

00:50:27.340 --> 00:50:30.320
on how these costs were
derived, they strongly objected

00:50:30.320 --> 00:50:33.480
and claim the hearings were
not the place to question costs.

00:50:33.480 --> 00:50:36.050
How can you claim that
the primary favorable criteria

00:50:36.050 --> 00:50:38.840
for route Z2 is low cost while arguing

00:50:38.840 --> 00:50:41.090
that cost is not to be questioned?

00:50:41.090 --> 00:50:43.870
What we did find out is
that route Z2 is low cost

00:50:43.870 --> 00:50:45.510
as a result of the land donated

00:50:45.510 --> 00:50:47.740
and discounted by
Mr. Derise under duress

00:50:47.740 --> 00:50:50.760
in exchange for CPS
moving the original route,

00:50:50.760 --> 00:50:52.730
so not bisect his development,

00:50:52.730 --> 00:50:55.790
and as he stated
caused him financial ruin.

00:50:55.790 --> 00:50:58.170
Costs have been
manipulated and do not reflect

00:50:58.170 --> 00:51:00.460
route costs of these routes.

00:51:00.460 --> 00:51:04.240
Route Z2 is clearly the poorest
and most dangerous route.

00:51:04.240 --> 00:51:06.700
I urge the Commission to reject route Z2

00:51:06.700 --> 00:51:08.370
and follow the recommendation issued

00:51:08.370 --> 00:51:12.640
by its own PUC staff
engineers to utilize route P.

00:51:12.640 --> 00:51:14.560
the PU staff's recommendation of route P

00:51:14.560 --> 00:51:16.930
actually follow the determining criteria

00:51:16.930 --> 00:51:19.020
that was communicated to the public.

00:51:19.020 --> 00:51:21.360
Thank you.
<v ->Thank you.</v>

00:51:21.360 --> 00:51:23.750
<v ->So next I would call
up and I apologize, sir.</v>

00:51:23.750 --> 00:51:25.340
Steve Cichowskia,

00:51:27.700 --> 00:51:30.200
and then next to speak will be Soledad.

00:51:30.200 --> 00:51:33.370
And I'm not gonna butcher
your last name again, man.

00:51:33.370 --> 00:51:34.320
<v ->Thank you, Mr. Journeay,</v>

00:51:34.320 --> 00:51:39.283
my name is Soledad
Valenciano, V-A-L-E-N-C-I-A-N-O.

00:51:40.870 --> 00:51:43.340
Good morning, Commissioners,
Soledad Valenciano.

00:51:43.340 --> 00:51:46.943
I'm here on behalf of Bear
Ranch and Wahalote ranch.

00:51:48.160 --> 00:51:49.700
We are here for,

00:51:49.700 --> 00:51:53.210
I'm here very briefly
for two points, really

00:51:53.210 --> 00:51:57.140
one to support the proposal
for decision completely,

00:51:57.140 --> 00:51:58.443
which recommends route Z2.

00:52:00.000 --> 00:52:02.790
Judges Shenoy and Vanderbilt

00:52:02.790 --> 00:52:04.350
really looked at all of the evidence

00:52:04.350 --> 00:52:05.373
and there was substantial evidence

00:52:05.373 --> 00:52:08.150
that hearing for several days

00:52:08.150 --> 00:52:11.230
and considered all of
that evidence and applied

00:52:11.230 --> 00:52:14.183
the PUC routing factors appropriately.

00:52:15.090 --> 00:52:17.290
A lot of what we've
heard this morning so far

00:52:17.290 --> 00:52:20.130
was addressed in the exceptions.

00:52:20.130 --> 00:52:22.640
And so to the extent there's
any followup questions

00:52:22.640 --> 00:52:24.010
to exceptions would respond to that,

00:52:24.010 --> 00:52:26.030
but I'm also here to
respond to any questions.

00:52:26.030 --> 00:52:27.870
And I know CPS is here as well,

00:52:27.870 --> 00:52:30.930
and they may have some
responsive comments.

00:52:30.930 --> 00:52:33.010
But I wanna yield my
time so that you can meet

00:52:33.010 --> 00:52:37.750
our client representative,
Michael Bitter, B-I-T-T-E-R.

00:52:37.750 --> 00:52:39.750
I would be remiss if I didn't introduce

00:52:39.750 --> 00:52:41.150
the family that's here today.

00:52:41.150 --> 00:52:44.270
We have Spike Johansen in the back,

00:52:44.270 --> 00:52:48.110
Barbara Tarasina, Steven Bitter,

00:52:48.110 --> 00:52:50.620
and then Vince Tarasina,
who are also here today,

00:52:50.620 --> 00:52:51.780
but in the interest of time,

00:52:51.780 --> 00:52:53.470
we're gonna have Michael Bitter

00:52:53.470 --> 00:52:56.520
talk to the Commission about why the PFD

00:52:56.520 --> 00:53:00.720
correctly recommended V2,
and we strongly support that.

00:53:00.720 --> 00:53:02.870
Thank you.
<v ->Thank you, ma'am.</v>

00:53:02.870 --> 00:53:03.703
Mr Bitter.

00:53:13.430 --> 00:53:14.463
<v ->Good morning Commissioners.</v>

00:53:14.463 --> 00:53:15.970
My name is Michael Bitter.

00:53:15.970 --> 00:53:20.120
My family owns Bear Ranch
and intervener in this proceeding.

00:53:20.120 --> 00:53:23.890
We support the ALJs proposal
for decision and route Z2

00:53:24.954 --> 00:53:27.560
our ranch is about 3,200 acres

00:53:27.560 --> 00:53:29.830
with some of the highest
points in Bear County.

00:53:29.830 --> 00:53:33.370
For multiple spots, you can
easily see downtown San Antonio,

00:53:33.370 --> 00:53:36.730
which is over 20 miles away.

00:53:36.730 --> 00:53:39.210
Bear Ranch is a working ranch.

00:53:39.210 --> 00:53:42.600
It's been in our family
for five generations.

00:53:42.600 --> 00:53:43.860
About 100 years.

00:53:43.860 --> 00:53:47.156
The original ranch
was over 10,000 acres.

00:53:47.156 --> 00:53:49.513
Our family still owns every bit of that.

00:53:50.420 --> 00:53:53.500
So we have no plans
to develop Bear Ranch.

00:53:53.500 --> 00:53:56.530
We wanna conserve it and
are pursuing participation

00:53:56.530 --> 00:54:00.120
in the city of San Antonio's,
Aquifer Protection Program,

00:54:00.120 --> 00:54:02.350
which would place it in
a conservation easement

00:54:02.350 --> 00:54:06.310
to prevent development and
help protect Edwards Aquifer.

00:54:06.310 --> 00:54:07.930
We were even notified that Bear Ranch

00:54:07.930 --> 00:54:10.200
is the top Bear county property

00:54:10.200 --> 00:54:13.010
that they'd like to add to that program,

00:54:13.010 --> 00:54:16.950
which is not surprising when
you see the amount of water

00:54:16.950 --> 00:54:18.140
that drains into the ground

00:54:18.140 --> 00:54:22.140
and the natural recharge
features on the ranch.

00:54:22.140 --> 00:54:26.480
We oppose segments, 43, 44 and 45.

00:54:26.480 --> 00:54:30.240
We strongly oppose any
route that includes them.

00:54:30.240 --> 00:54:33.883
That means routes P, R1 and W.

00:54:35.090 --> 00:54:38.090
Look, our activities on Bear Ranch

00:54:38.090 --> 00:54:40.973
are not the reason new
electric lines are needed.

00:54:42.120 --> 00:54:44.430
We already bear the burden
of over two and a half miles

00:54:44.430 --> 00:54:45.990
of existing transmission line

00:54:45.990 --> 00:54:49.210
along our Western boundary,
crosses very rough terrain,

00:54:49.210 --> 00:54:51.220
making it challenging to construct

00:54:51.220 --> 00:54:54.400
and expensive to maintain that line.

00:54:54.400 --> 00:54:57.390
The new line would
also cross tough terrain,

00:54:57.390 --> 00:55:00.850
but the difference is, is
it would be perpendicular

00:55:00.850 --> 00:55:03.980
to the existing line, meaning
it would bisect the ranch.

00:55:03.980 --> 00:55:07.150
That means any of the three
routes that are on the ranch

00:55:07.150 --> 00:55:09.700
would bisect it, running
right through the heart,

00:55:09.700 --> 00:55:12.719
whether it's 43, 44 or 45,

00:55:12.719 --> 00:55:13.552
<v ->You have one minute sir.</v>
<v ->They would all</v>

00:55:13.552 --> 00:55:15.290
be devastating.

00:55:15.290 --> 00:55:16.660
It would make Bear Ranch, a target

00:55:16.660 --> 00:55:18.490
for future infrastructure projects

00:55:18.490 --> 00:55:21.550
and make development
of the ranch more likely.

00:55:21.550 --> 00:55:24.520
Route Z2 is the best route.

00:55:24.520 --> 00:55:27.050
It's both the shortest, least expensive,

00:55:27.050 --> 00:55:28.660
more than five million less

00:55:28.660 --> 00:55:31.110
than any route across Bear Ranch.

00:55:31.110 --> 00:55:34.800
Z2 utilize property that's
been donated by a developer.

00:55:34.800 --> 00:55:38.400
It does not bisect any
properties except by consent.

00:55:38.400 --> 00:55:40.700
Unlike routes P, R1, and W

00:55:40.700 --> 00:55:43.220
which run through existing neighborhoods

00:55:43.220 --> 00:55:45.400
and bisect individual lots.

00:55:45.400 --> 00:55:48.260
And of course, then we'd
go on to bisect Bear Ranch,

00:55:48.260 --> 00:55:52.360
Z2 runs mainly along
to Toutant Beauregard,

00:55:52.360 --> 00:55:55.520
which is relatively
flat, easy to access,

00:55:55.520 --> 00:55:57.660
and already has significant development,

00:55:57.660 --> 00:56:00.420
including existing distribution lines.

00:56:00.420 --> 00:56:04.140
For all of these reasons, we
ask you to spare Bear Ranch.

00:56:04.140 --> 00:56:07.370
We respectfully ask
you to adopt the proposal

00:56:07.370 --> 00:56:10.660
for decision and order that route Z2

00:56:10.660 --> 00:56:12.450
the shortest and least costly

00:56:12.450 --> 00:56:15.720
of the proposed routes be utilized.

00:56:15.720 --> 00:56:16.553
<v ->Thank you.</v>

00:56:19.740 --> 00:56:22.170
<v ->Mr. Anson, once
the client's out here</v>

00:56:22.170 --> 00:56:25.503
We'll call you up your
three clients, at one time.

00:56:27.267 --> 00:56:29.393
Next to just speak will be.

00:56:30.880 --> 00:56:31.807
<v ->Steve.</v>

00:56:31.807 --> 00:56:32.640
<v ->Steve.</v>

00:56:34.310 --> 00:56:38.790
<v ->Steve Cichowskia,
C-I-C-H-O-W-S-K-I-A.</v>

00:56:38.790 --> 00:56:43.530
I live in Aqua Springs, I'm
here representing myself.

00:56:43.530 --> 00:56:47.550
And I am not here to
advocate for any line or to

00:56:49.280 --> 00:56:53.450
request that you support
the recommended line.

00:56:53.450 --> 00:56:56.140
In fact, it's my understanding

00:56:56.140 --> 00:56:59.060
that this project never
went through any process,

00:56:59.060 --> 00:57:01.707
either through this
Commission or through ERCOT

00:57:01.707 --> 00:57:05.416
and which a constraint
was found that it was

00:57:05.416 --> 00:57:08.283
an expedited proceeding.

00:57:09.950 --> 00:57:13.290
And with that in mind,
I would like to offer that

00:57:13.290 --> 00:57:16.300
from the taking of no public input

00:57:16.300 --> 00:57:18.143
on the recommended substation site,

00:57:18.990 --> 00:57:21.220
to given notice to the
adjoining landowners

00:57:21.220 --> 00:57:24.000
of every substation
site, except site seven

00:57:25.100 --> 00:57:28.520
to an over $4 million error
and land acquisition costs.

00:57:28.520 --> 00:57:30.183
This process has been flawed.

00:57:31.200 --> 00:57:33.270
And because this is not
an expedited process,

00:57:33.270 --> 00:57:36.550
I'm here to ask the Commission
to do the extraordinary step,

00:57:36.550 --> 00:57:41.293
deny this, send CPS back
home, to do this correctly.

00:57:42.750 --> 00:57:44.240
I agree with the other statements

00:57:44.240 --> 00:57:45.790
that have been made against Z2,

00:57:46.840 --> 00:57:48.610
but I would have
focused in my limited time

00:57:48.610 --> 00:57:49.680
on the cost factor,

00:57:49.680 --> 00:57:54.680
because despite what the
ALJ stated in their opinion,

00:57:54.970 --> 00:57:56.140
that cost wouldn't be considered.

00:57:56.140 --> 00:57:58.180
It was the primary consideration.

00:57:58.180 --> 00:58:01.290
You cannot find costs, not mentioned

00:58:01.290 --> 00:58:03.283
in any of the reasons they gave,

00:58:04.900 --> 00:58:07.490
How did the cost get so off yet?

00:58:07.490 --> 00:58:09.093
Where's my $4 million error?

00:58:10.240 --> 00:58:15.240
Under testimony Mr. Lacy
CPS's representative

00:58:15.630 --> 00:58:19.880
stated he had no idea
how the cost or term

00:58:19.880 --> 00:58:23.330
he had to go out and
find that, we took a break.

00:58:23.330 --> 00:58:25.143
He returned it on his hearsay.

00:58:26.070 --> 00:58:26.910
Mr. Lacy said, well,

00:58:26.910 --> 00:58:31.030
the costs were determined
for Pecan Springs Ranch.

00:58:31.030 --> 00:58:33.530
That route that goes
through Pecan Springs

00:58:33.530 --> 00:58:37.650
to be the same as what
Mr. Bitter just testified

00:58:37.650 --> 00:58:40.310
a ranch that would never be developed,

00:58:40.310 --> 00:58:45.310
would always be roll in $6,000
per acre for per Bear Ranch,

00:58:45.747 --> 00:58:49.860
$6,000 per acre for a
community under development,

00:58:49.860 --> 00:58:51.290
whom lots have been sold,

00:58:51.290 --> 00:58:52.490
with million dollar homes on it.

00:58:52.490 --> 00:58:54.320
<v ->You have one minute sir.</v>

00:58:54.320 --> 00:58:56.170
<v ->The fact that there
was no evidence</v>

00:58:57.057 --> 00:59:01.140
that the ALJs find no
evidence of that level

00:59:01.140 --> 00:59:04.070
of development is breathtaking.

00:59:04.070 --> 00:59:05.900
Mr. Driest gave direct testimony

00:59:05.900 --> 00:59:09.090
that the lots had been selling
for $100,000 an acre period.

00:59:09.090 --> 00:59:11.940
And you can go online and
find some for three and 400,000.

00:59:11.940 --> 00:59:15.360
The testimony was that
homes had been built.

00:59:15.360 --> 00:59:17.460
In fact, one of the residents

00:59:17.460 --> 00:59:19.650
of that area, Mr. Ismael Reyes

00:59:19.650 --> 00:59:20.710
was supposed to be here today,

00:59:20.710 --> 00:59:23.433
'cause his home is bisected
by the proposed line.

00:59:25.520 --> 00:59:28.670
When you average and what
the proper acquisition costs

00:59:28.670 --> 00:59:29.503
would have been.

00:59:29.503 --> 00:59:32.350
You can come up with a four
and a half million dollar error.

00:59:32.350 --> 00:59:35.000
Now this turns everything on its error.

00:59:35.000 --> 00:59:37.580
How did CPS correct that?

00:59:37.580 --> 00:59:40.310
They threatened
Mr. Rodriguez with financial ruin

00:59:40.310 --> 00:59:42.470
or else he made up the cost.

00:59:42.470 --> 00:59:45.480
You look in the record at
the agreement he signed.

00:59:45.480 --> 00:59:47.890
There's a reason
they say, "We'll do this

00:59:47.890 --> 00:59:52.250
if you don't require us
to condemn your property

00:59:52.250 --> 00:59:55.737
and you pick up the cost to
make our estimate correct."

00:59:56.762 --> 00:59:58.277
<v ->Thank you.</v>
<v ->Thank you.</v>

01:00:00.100 --> 01:00:03.440
<v ->So I would call up Tom
Anson, Debbie Castillo,</v>

01:00:03.440 --> 01:00:06.763
Jerome Cohen and Brian Swartzendruber.

01:00:18.760 --> 01:00:20.010
<v ->Good morning Commissioners.</v>

01:00:20.010 --> 01:00:21.820
I'm Tom Anson, I'm the counsel

01:00:21.820 --> 01:00:24.300
to the Safe Hunters
Lane Area Association.

01:00:24.300 --> 01:00:25.563
The acronym is SHLAA.

01:00:26.920 --> 01:00:28.440
It's easier to just do that.

01:00:28.440 --> 01:00:31.010
It almost sounds like
a three dog might song,

01:00:31.010 --> 01:00:32.363
but in any event.

01:00:34.149 --> 01:00:36.830
SHLAA is made up of
over 30 individual members

01:00:36.830 --> 01:00:38.963
in the immediate hunters lane area,

01:00:39.820 --> 01:00:42.940
as well as two subdivisions
that have joined forces

01:00:42.940 --> 01:00:45.410
with them, the Canyons and Altera,

01:00:45.410 --> 01:00:49.730
because they all share similar
concerns about that area.

01:00:49.730 --> 01:00:51.570
So rather than hear from me,

01:00:51.570 --> 01:00:53.410
I would like you to hear from three

01:00:53.410 --> 01:00:56.050
of our individual members
so that you can hear

01:00:56.050 --> 01:00:58.750
their concerns straight from them.

01:00:58.750 --> 01:01:02.670
We have Ms. Debbie
Castillo, Mr. Jerome Cohen,

01:01:02.670 --> 01:01:05.370
and then Mr. Byron Swartzendruber.

01:01:05.370 --> 01:01:06.580
So I'll turn it over to them.

01:01:06.580 --> 01:01:07.637
Thank you.
<v ->Thank you Mr. Anson.</v>

01:01:07.637 --> 01:01:09.080
<v ->And I am here to
answer questions.</v>

01:01:09.080 --> 01:01:10.730
Of course later, if you have any.

01:01:12.040 --> 01:01:14.000
<v ->Good morning Commissioners,</v>

01:01:14.000 --> 01:01:19.000
my name is Debbie
Castillo, C-A-S-T-I-L-L-O.

01:01:19.380 --> 01:01:21.020
I am part of the leadership group

01:01:21.020 --> 01:01:25.490
of Save Hunter Slain Area
Association, also called SHLAA.

01:01:25.490 --> 01:01:27.850
We and other concerned
neighbors formed SHLAA

01:01:27.850 --> 01:01:30.010
and raised money to hire an attorney

01:01:30.010 --> 01:01:31.960
and an expert witness to help us oppose

01:01:31.960 --> 01:01:34.300
having large electric transmission lines

01:01:34.300 --> 01:01:36.840
winding through the Hunter's lane area,

01:01:36.840 --> 01:01:39.750
because those would vastly
change our neighborhood

01:01:39.750 --> 01:01:41.720
and literally go through front

01:01:41.720 --> 01:01:44.620
and side yards of our members,

01:01:44.620 --> 01:01:46.740
as well as adversely
affect our neighbors

01:01:46.740 --> 01:01:48.483
at the Canyons and Altera.

01:01:49.360 --> 01:01:52.130
I live on Hunters Lane with
my husband and daughter

01:01:52.130 --> 01:01:53.900
whom I homeschool.

01:01:53.900 --> 01:01:56.070
We have lived there for many, many years

01:01:56.070 --> 01:01:59.000
and run a horse boarding
business on our property,

01:01:59.000 --> 01:02:01.530
that supplements our income to allow me

01:02:01.530 --> 01:02:03.550
to homeschool our child.

01:02:03.550 --> 01:02:06.760
The areas immediately along Hunters Lane

01:02:06.760 --> 01:02:08.450
or an older neighborhood where folks

01:02:08.450 --> 01:02:12.570
have sheep, donkeys,
chickens, horses, bees,

01:02:12.570 --> 01:02:15.420
and other animals, and some like myself

01:02:15.420 --> 01:02:18.170
run businesses on their properties.

01:02:18.170 --> 01:02:20.780
It is generally a
middle-class neighborhood

01:02:20.780 --> 01:02:24.070
with a mix of retirees
and working people.

01:02:24.070 --> 01:02:26.703
Some of whom have
lost jobs during COVID.

01:02:27.790 --> 01:02:30.190
Substation six on scenic loop

01:02:30.190 --> 01:02:34.150
would have bite the
back sides of our property

01:02:34.150 --> 01:02:36.890
and several other SHLAA members.

01:02:36.890 --> 01:02:39.720
Our family and our
horse boarding business

01:02:39.720 --> 01:02:42.320
will be harmed by that substation site

01:02:42.320 --> 01:02:44.880
and transmission lines connecting to it

01:02:44.880 --> 01:02:46.453
like routes P or R1.

01:02:47.530 --> 01:02:50.770
Substation seven, which
connects to the ALJs

01:02:50.770 --> 01:02:53.250
recommended route Z2

01:02:53.250 --> 01:02:56.870
is also behind properties of
just some SHLAA members,

01:02:56.870 --> 01:03:00.700
but it is a much larger
site high on a bluff

01:03:00.700 --> 01:03:03.240
with lots of vegetation

01:03:03.240 --> 01:03:05.713
in a short border on Toutant Beauregard.

01:03:08.670 --> 01:03:13.340
It has very little visibility
from neighboring properties,

01:03:13.340 --> 01:03:15.970
substation six, which is next to us--

01:03:15.970 --> 01:03:18.170
<v ->You have one minute.</v>
<v ->Is not on a high bluff,</v>

01:03:18.170 --> 01:03:21.100
does not have buffering vegetation.

01:03:21.100 --> 01:03:25.220
Also a route Z2 line would
still be seen by my family

01:03:25.220 --> 01:03:27.800
and other SHLAA members who have views

01:03:27.800 --> 01:03:29.630
of Toutant Beauregard.

01:03:29.630 --> 01:03:32.140
SHLAA recognizes the areas need

01:03:32.140 --> 01:03:34.260
for improved electric service.

01:03:34.260 --> 01:03:38.100
We also recognize there is
no perfect routing solution,

01:03:38.100 --> 01:03:40.760
but all of our members, including those

01:03:40.760 --> 01:03:44.580
who are impacted in
some way by route Z2 agree

01:03:44.580 --> 01:03:48.210
that route Z2 is the most reasonable one

01:03:48.210 --> 01:03:50.000
under the circumstances.

01:03:50.000 --> 01:03:54.040
We urge you to adopt the
ALJs careful consideration

01:03:54.040 --> 01:03:56.730
and recommendation of route Z2.

01:03:56.730 --> 01:03:58.735
Thank you for your time this morning.

01:03:58.735 --> 01:04:00.152
<v ->Thank you ma'am</v>

01:04:02.207 --> 01:04:04.080
<v ->Mr. Cohen, I think.</v>

01:04:04.080 --> 01:04:06.080
<v ->Hello, my name is Jerome Cohen,</v>

01:04:06.080 --> 01:04:09.763
J-E-R-O-M-E, last name C-O-H-E-N.

01:04:11.840 --> 01:04:13.900
Thank you for listening to me.

01:04:13.900 --> 01:04:15.120
My name is Jerome Cohen,

01:04:15.120 --> 01:04:17.580
I'm a long time
residence on Hunter Lane.

01:04:17.580 --> 01:04:21.010
My wife and I live
there and I work there.

01:04:21.010 --> 01:04:23.330
We planted olive trees in our front yard

01:04:23.330 --> 01:04:26.020
and we're raising our
teenage children there.

01:04:26.020 --> 01:04:28.560
We've now raised our
grown children there.

01:04:28.560 --> 01:04:31.570
We play with our
grandchildren and I'm a member

01:04:31.570 --> 01:04:35.530
of the Save Hunter
Slain Area Association.

01:04:35.530 --> 01:04:40.530
Hunters Lane is a small windy
road with mostly older homes.

01:04:40.570 --> 01:04:43.640
Hunters Lane also
floods in the large dip

01:04:43.640 --> 01:04:45.363
right in front of our house.

01:04:46.540 --> 01:04:49.280
Ours is a special location.

01:04:49.280 --> 01:04:53.220
I have seen salamanders
and other endangered species

01:04:53.220 --> 01:04:56.670
in my yard, along the
Creek next to our house.

01:04:56.670 --> 01:05:00.170
Unlike Z2, which goes
down the major thoroughfare

01:05:00.170 --> 01:05:05.170
of Toutant Beauregard
routes like P and R1

01:05:05.970 --> 01:05:08.990
using segment 15 would run directly

01:05:08.990 --> 01:05:12.410
in between my gate and my house,

01:05:12.410 --> 01:05:16.410
dissecting my land in half.

01:05:16.410 --> 01:05:19.990
I would have to travel
under the transmission lines

01:05:19.990 --> 01:05:22.963
to get to my house from the road.

01:05:24.420 --> 01:05:27.430
This is very concerning for me.

01:05:27.430 --> 01:05:30.900
I believe that I'm the only
homeowner in this case

01:05:30.900 --> 01:05:35.763
with a route traveling
directly through my front yard.

01:05:36.670 --> 01:05:41.300
As I oppose going along the edge of one,

01:05:41.300 --> 01:05:44.310
I have three sides of transmission lines

01:05:44.310 --> 01:05:46.960
along the proposed route.

01:05:46.960 --> 01:05:49.600
Segment 15 would be devastating to me

01:05:49.600 --> 01:05:52.360
as well as my
neighborhoods and the value

01:05:52.360 --> 01:05:55.023
we have placed in our
neighborhood over the years.

01:05:56.020 --> 01:05:58.800
It has been with great
sacrifice in the midst of COVID

01:05:58.800 --> 01:06:03.100
that our members formed SHLAA
to protect our neighborhoods.

01:06:03.100 --> 01:06:05.380
I personally saw my business dry up

01:06:05.380 --> 01:06:07.440
during the period of COVID,

01:06:07.440 --> 01:06:09.930
because our community
came together for each other,

01:06:09.930 --> 01:06:13.670
we were able to have a
voice into this decision.

01:06:13.670 --> 01:06:16.430
I beg you to approve route Z2

01:06:16.430 --> 01:06:19.640
so that we will not be a
large transmission line

01:06:19.640 --> 01:06:21.513
through the front of my yard.

01:06:22.725 --> 01:06:23.558
Thank you.

01:06:23.558 --> 01:06:24.391
<v Commissioner>Thank
you for being here.</v>

01:06:30.710 --> 01:06:31.770
Byron.

01:06:31.770 --> 01:06:33.430
<v ->All right.</v>

01:06:33.430 --> 01:06:35.800
My name is Byron Swartzendruber.

01:06:35.800 --> 01:06:37.410
That's my take up my three minutes,

01:06:37.410 --> 01:06:42.410
but B-Y-R-O-N
S-W-A-R-T-Z-E-N-D-R-U-B-E-R.

01:06:45.770 --> 01:06:48.650
And I, my wife and
my four young children

01:06:48.650 --> 01:06:50.810
live on Hunters Lane.

01:06:50.810 --> 01:06:52.930
We have 30 chickens in a large garden

01:06:52.930 --> 01:06:54.700
that I maintain year round.

01:06:54.700 --> 01:06:57.330
And our elementary age
children attend the school

01:06:57.330 --> 01:06:59.163
on Toutant Beauregard, McAndrew.

01:07:00.000 --> 01:07:01.300
I'm part of the leadership group

01:07:01.300 --> 01:07:03.920
on Safe Hunters Lane Area Association.

01:07:03.920 --> 01:07:07.310
We have worked very hard
for this non-profit organization

01:07:07.310 --> 01:07:09.750
whose sole purpose is not having

01:07:09.750 --> 01:07:12.000
these electronic transmission lines

01:07:12.000 --> 01:07:14.350
running through the
middle of our neighborhood.

01:07:16.130 --> 01:07:17.070
And we joined with our neighbors

01:07:17.070 --> 01:07:20.560
at the Canyons and Altera to
preserve our neighborhoods.

01:07:20.560 --> 01:07:23.710
Hunters Lane is a windy narrow street,

01:07:23.710 --> 01:07:26.870
not a main thoroughfare
and route P would cause

01:07:26.870 --> 01:07:29.040
large electric monopoles
and transmission lines

01:07:29.040 --> 01:07:32.490
to criss-cross and wind
through our neighborhood

01:07:32.490 --> 01:07:34.310
and through people's properties.

01:07:34.310 --> 01:07:37.100
My home is on segment 22 of route P,

01:07:37.100 --> 01:07:40.780
it would go within 141
feet of the side of my house,

01:07:40.780 --> 01:07:44.900
where my young children,
play including flying kites.

01:07:44.900 --> 01:07:48.270
And then it would go
across the road from me,

01:07:48.270 --> 01:07:51.323
it would go 89 feet from
my neighbor's house.

01:07:52.330 --> 01:07:55.660
The PUC staff witness
who recommended route P

01:07:55.660 --> 01:07:57.930
did not visit any of the study area

01:07:57.930 --> 01:07:59.690
and thus did not see our neighborhood

01:07:59.690 --> 01:08:01.933
and what route P would do to our lives.

01:08:02.790 --> 01:08:07.300
A, route Z2 transmission
line would be still seen

01:08:07.300 --> 01:08:10.250
by my family and SHLAA members

01:08:10.250 --> 01:08:12.940
who have views of Toutant Beauregard,

01:08:12.940 --> 01:08:15.650
and it would connect to substation seven

01:08:15.650 --> 01:08:18.480
on the backside of some
of the SHLAA members.

01:08:18.480 --> 01:08:22.200
But substation seven
would be up on a high bluff

01:08:22.200 --> 01:08:24.170
with thick trees and brush

01:08:24.170 --> 01:08:26.960
that those around the
substation will not see it,

01:08:26.960 --> 01:08:29.173
unlike those around substation six.

01:08:30.080 --> 01:08:33.890
And route Z2 two would run
along to Toutant Beauregard

01:08:33.890 --> 01:08:36.590
and the edges of the
properties and subdivisions

01:08:36.590 --> 01:08:38.340
rather than through the middle

01:08:38.340 --> 01:08:40.860
of existing Hunters Lane neighborhood

01:08:40.860 --> 01:08:43.530
and in the middle of
Mr. Cohen's front yard.

01:08:43.530 --> 01:08:44.830
<v ->You have one minute sir.</v>

01:08:45.960 --> 01:08:46.793
<v ->Thank you.</v>

01:08:46.793 --> 01:08:51.220
So I just respectfully
ask you to please adopt

01:08:51.220 --> 01:08:55.013
the ALJs recommendation
and select route Z2.

01:08:56.230 --> 01:08:57.063
<v ->Thank you.</v>

01:08:57.063 --> 01:08:58.350
<v Steve>So I would
call up at this time,</v>

01:08:58.350 --> 01:09:00.660
Steven Herrera and Patrick Cleveland

01:09:00.660 --> 01:09:02.323
and Ty Miyahara.

01:09:17.390 --> 01:09:18.953
Mr. Herrera, go ahead.

01:09:21.660 --> 01:09:23.450
<v ->Good morning Commissioners.</v>

01:09:23.450 --> 01:09:28.400
My name is Steven Gomez
Erera and I reside on 25,

01:09:28.400 --> 01:09:30.450
130 Toutant Beauregard.

01:09:30.450 --> 01:09:33.540
And just to make a clarification,

01:09:33.540 --> 01:09:36.400
we're not affiliated with Bear
Ranch or Clearwater Ranch,

01:09:36.400 --> 01:09:39.003
and we're totally different entity.

01:09:40.140 --> 01:09:44.060
I was the former
secretary of the HOA there,

01:09:44.060 --> 01:09:46.290
and there's a few things,

01:09:46.290 --> 01:09:47.910
I'm just gonna go ahead
and read this out to you here.

01:09:47.910 --> 01:09:52.910
So I am a pro se intervener
and I'm a native Texan

01:09:53.100 --> 01:09:55.940
who was born and raised in
the great state of San Antonio.

01:09:55.940 --> 01:09:58.160
I am an opposition
to substation locations,

01:09:58.160 --> 01:10:00.788
1, 2, 3, 4, 5, and 7

01:10:00.788 --> 01:10:02.880
and any segment associated with them.

01:10:02.880 --> 01:10:06.860
Substation location seven is
nine houses away from my house.

01:10:06.860 --> 01:10:08.520
And just to give you
a better perspective,

01:10:08.520 --> 01:10:11.480
I just heard that there is
a new proposed segment

01:10:11.480 --> 01:10:14.020
that's gonna in at the entrance

01:10:14.020 --> 01:10:16.920
of our neighborhood, and segments 54,

01:10:16.920 --> 01:10:20.000
is gonna be literally across
the street from my house.

01:10:20.000 --> 01:10:22.363
So when people say how beautiful,

01:10:23.760 --> 01:10:25.770
the beautiful scenery is,
and they're gonna see this,

01:10:25.770 --> 01:10:27.097
we're gonna live right by there.

01:10:27.097 --> 01:10:29.110
And just to give you a better idea,

01:10:29.110 --> 01:10:31.410
you can kind of hear most testimony

01:10:31.410 --> 01:10:34.400
is about the concern
about a transmission line.

01:10:34.400 --> 01:10:35.950
Well imagine having a substation

01:10:35.950 --> 01:10:37.340
right across the street from your house,

01:10:37.340 --> 01:10:39.130
that's a totally different
game changer right there.

01:10:39.130 --> 01:10:42.320
Not only do we have the proposed segment

01:10:42.320 --> 01:10:45.390
right at the entrance,
we have the sub station

01:10:45.390 --> 01:10:47.993
literally across the street
from a neighborhood

01:10:47.993 --> 01:10:50.820
that was established in 1972,

01:10:50.820 --> 01:10:52.090
to give you a better perspective.

01:10:52.090 --> 01:10:54.380
And then as we exit,

01:10:54.380 --> 01:10:56.520
there will be another proposed segment.

01:10:56.520 --> 01:11:00.850
And so, there's a few arguments
that I'd like to state here.

01:11:00.850 --> 01:11:02.700
I would think that
the city of San Antonio

01:11:02.700 --> 01:11:05.670
should have had a second open meeting.

01:11:05.670 --> 01:11:07.010
The importance of that

01:11:07.010 --> 01:11:09.680
is there would have
been more interveners

01:11:10.851 --> 01:11:12.860
and more protestors,

01:11:12.860 --> 01:11:16.080
but I do have a document that
was submitted into the record

01:11:16.080 --> 01:11:20.300
that states that there are
actually 71 total individuals

01:11:20.300 --> 01:11:22.450
who either protested or intervened.

01:11:22.450 --> 01:11:24.380
And so, the importance of this

01:11:24.380 --> 01:11:27.230
is because during the
testimony, Mr. Anson,

01:11:27.230 --> 01:11:29.700
who's representing Sahala,

01:11:29.700 --> 01:11:30.680
I don't know how you pronounce that,

01:11:30.680 --> 01:11:33.360
but he did state that I
was the only individual

01:11:33.360 --> 01:11:34.890
that actually intervened

01:11:34.890 --> 01:11:36.700
and that is an inaccurate statement.

01:11:36.700 --> 01:11:38.460
There's actually three interveners,

01:11:38.460 --> 01:11:41.880
right on Toutant
Beauregard that can't be here

01:11:41.880 --> 01:11:45.100
and multiple protestors
on to Toutant Beauregard.

01:11:45.100 --> 01:11:49.820
all in Scenic Hills and
Serene Hills estates.

01:11:49.820 --> 01:11:51.030
<v ->You have one minute sir.</v>

01:11:51.030 --> 01:11:55.070
<v ->And so the other points
that I'd like to state is that</v>

01:11:55.070 --> 01:11:56.520
why would the substation be built

01:11:56.520 --> 01:11:59.180
across the street from our neighborhood?

01:11:59.180 --> 01:12:01.070
And why would the substation be built

01:12:01.070 --> 01:12:03.030
in a substation, knowing full well,

01:12:03.030 --> 01:12:05.890
there are gonna be
ramifications and possible floods

01:12:05.890 --> 01:12:07.390
that are going to affect that.

01:12:07.390 --> 01:12:09.520
That's a guarantee, it's gonna happen.

01:12:09.520 --> 01:12:11.770
We know our region, it's gonna happen.

01:12:11.770 --> 01:12:13.940
So, and the worst one is,

01:12:13.940 --> 01:12:16.680
why is this proposed transmission line

01:12:16.680 --> 01:12:18.640
gonna be next to an elementary school?

01:12:18.640 --> 01:12:20.600
From what I heard,
it's gonna be 200 feet

01:12:20.600 --> 01:12:22.150
from that actual school.

01:12:22.150 --> 01:12:25.283
So once again, why is this being done?

01:12:26.372 --> 01:12:28.557
I had a representative,
I think Mr. Lacy, for CPS

01:12:28.557 --> 01:12:30.890
who stated that this
has been done before,

01:12:30.890 --> 01:12:32.970
almost like, you should be lauded

01:12:32.970 --> 01:12:36.700
for building a massive
46 six acre substation

01:12:36.700 --> 01:12:38.450
next door to an elementary school,

01:12:38.450 --> 01:12:41.260
but why would you repeat the
same mistake all over again?

01:12:41.260 --> 01:12:42.260
I mean, if we're gonna invest

01:12:42.260 --> 01:12:44.640
in the future of the state of Texas,

01:12:44.640 --> 01:12:46.270
why start there?

01:12:46.270 --> 01:12:48.740
There's other areas that can be done

01:12:48.740 --> 01:12:49.573
in particular,

01:12:49.573 --> 01:12:53.140
I would agree with Rustin
T water from the PUC

01:12:53.140 --> 01:12:56.920
stated in at substation
six with either route P

01:12:56.920 --> 01:12:59.590
or route R1 would be more adequate

01:12:59.590 --> 01:13:01.170
than the other locations.

01:13:01.170 --> 01:13:03.170
<v ->Thank you,
Mr. Erera, I appreciate it.</v>

01:13:04.430 --> 01:13:05.910
Mr. Cleveland.

01:13:05.910 --> 01:13:06.820
<v ->Yes, sir.</v>

01:13:06.820 --> 01:13:08.120
Good morning Commissioners.

01:13:08.120 --> 01:13:09.410
My name is Patrick Cleveland

01:13:09.410 --> 01:13:13.713
and Cleveland is spelled
C-L-E-V-E-L-A-N-D like the city.

01:13:14.810 --> 01:13:17.663
I am an owner and member
of High country ranch.

01:13:18.946 --> 01:13:21.490
Just to give you a little
history of High Country Ranch

01:13:21.490 --> 01:13:24.983
in 1977, a person
named Vernon Willoughby,

01:13:26.380 --> 01:13:27.510
created,

01:13:27.510 --> 01:13:32.260
he had a conservation idea
to create 15 residential lots

01:13:33.230 --> 01:13:36.393
and a 300 plus acre nature preserve.

01:13:37.320 --> 01:13:40.150
And that nature preserve
was for the purpose

01:13:40.150 --> 01:13:42.900
of recreational activities
for the members

01:13:42.900 --> 01:13:44.563
and owners of High Country Ranch.

01:13:47.000 --> 01:13:48.033
He could have developed that land

01:13:48.033 --> 01:13:50.620
just like every other
developer, but he didn't,

01:13:50.620 --> 01:13:52.340
instead he preserved it

01:13:52.340 --> 01:13:54.200
and he ensured that it stay preserved

01:13:54.200 --> 01:13:56.560
because he put that
requirement in the deed

01:13:56.560 --> 01:13:59.880
and that requirement
still runs with the property.

01:13:59.880 --> 01:14:01.590
So for over 40 years now,

01:14:01.590 --> 01:14:03.490
we've been able to preserve this area.

01:14:04.470 --> 01:14:08.350
And now CPS Energy and
the Southern interveners

01:14:08.350 --> 01:14:09.650
are asking you to ruin it.

01:14:10.830 --> 01:14:14.453
And the underlying message
here is that punish us.

01:14:15.480 --> 01:14:18.470
We've been preserving
the land for 40 plus years

01:14:18.470 --> 01:14:21.230
and reward them because they've created

01:14:21.230 --> 01:14:23.920
and built massive
developments down there.

01:14:23.920 --> 01:14:25.507
It just doesn't seem right to me.

01:14:25.507 --> 01:14:27.507
And I hope it doesn't seem right to you.

01:14:30.560 --> 01:14:32.700
In reality, the best routes are P and R1

01:14:32.700 --> 01:14:34.930
because they affect less,

01:14:34.930 --> 01:14:38.233
far less habitable
structures than route Z.

01:14:39.130 --> 01:14:40.650
And I can understand if you didn't want

01:14:40.650 --> 01:14:43.290
to disturb Bear Ranch,
because High Country Ranch

01:14:43.290 --> 01:14:45.283
is almost the same as Bear Ranch.

01:14:46.670 --> 01:14:49.970
And if you don't wanna
do that, there's an option.

01:14:49.970 --> 01:14:52.740
And apparently Mr. Bailiff
did not read my reply brief,

01:14:52.740 --> 01:14:56.300
where I discuss route
Y as a great option.

01:14:56.300 --> 01:14:59.560
Route Y goes to the
Northern part of the property?

01:14:59.560 --> 01:15:03.640
It runs, while 82% of it

01:15:03.640 --> 01:15:07.410
follows road and property right away.

01:15:07.410 --> 01:15:10.027
That's the best out
of all the focus routes.

01:15:10.027 --> 01:15:10.860
<v ->You have one minute.</v>

01:15:10.860 --> 01:15:12.250
<v ->It's got several minor
environmental factors</v>

01:15:12.250 --> 01:15:13.160
that go in it's favor too,

01:15:13.160 --> 01:15:16.140
and it's less expensive
than routes P and R1.

01:15:16.140 --> 01:15:19.660
But most importantly,
think how many interveners

01:15:19.660 --> 01:15:21.760
would be happy or satisfied,

01:15:21.760 --> 01:15:24.890
at least if that got chosen
all of the southern routes,

01:15:24.890 --> 01:15:27.280
a High Country Ranch, Tom Dries,

01:15:27.280 --> 01:15:30.270
he'd be ecstatic because
it'd be around his property.

01:15:30.270 --> 01:15:32.860
He wouldn't have to donate anything.

01:15:32.860 --> 01:15:35.140
And so the bottom line is if you pick

01:15:35.140 --> 01:15:37.133
route P and R1 down south,

01:15:38.510 --> 01:15:40.290
everybody in the north wins.

01:15:40.290 --> 01:15:44.480
If you pick route Z2, up north,
everybody in the south wins,

01:15:44.480 --> 01:15:49.153
but if you choose route Y
most of the interveners win.

01:15:50.270 --> 01:15:52.360
And so, if you think
it's important to save

01:15:52.360 --> 01:15:55.540
two of the most scenic
ranches in Bear county

01:15:55.540 --> 01:15:57.040
or three with Guahalote Ranch,

01:15:58.380 --> 01:16:00.570
I'd ask you to choose route Y

01:16:02.080 --> 01:16:03.690
because it makes sense with respect

01:16:03.690 --> 01:16:06.940
to all the interveners
and the environment.

01:16:06.940 --> 01:16:07.990
Appreciate your time.

01:16:08.870 --> 01:16:09.703
<v ->Thank you.</v>

01:16:13.330 --> 01:16:14.163
One remaining?

01:16:14.163 --> 01:16:15.850
<v ->Yes.</v>
<v ->Yes, sir, there we go.</v>

01:16:15.850 --> 01:16:19.280
<v ->Good morning Commissioners,
my name is Ty Miyahara.</v>

01:16:19.280 --> 01:16:20.620
First name is T-Y.

01:16:20.620 --> 01:16:24.393
Last name is M-I-Y-A-H-A-R-A.

01:16:26.210 --> 01:16:27.980
Myself and my wife,

01:16:27.980 --> 01:16:32.690
we've lived at 251202
Toutant Beauregard road

01:16:32.690 --> 01:16:34.370
since February, 2021.

01:16:34.370 --> 01:16:36.173
So I'm kind of a newcomer here.

01:16:37.440 --> 01:16:40.920
We recently bought our
house because it was on a hill.

01:16:40.920 --> 01:16:42.890
It had a beautiful front porch

01:16:42.890 --> 01:16:45.540
and view of the hills
in front of our house.

01:16:45.540 --> 01:16:47.270
And one of the reasons
we liked the house

01:16:47.270 --> 01:16:49.480
is that the prior owner
actually paid extra

01:16:49.480 --> 01:16:52.120
to have the power
line to the house buried,

01:16:52.120 --> 01:16:54.510
so we wouldn't have a pole on our side

01:16:54.510 --> 01:16:56.113
of the street blocking our view.

01:16:57.660 --> 01:16:59.810
Our request is to put
the electrical towers

01:16:59.810 --> 01:17:02.290
out of view from where we currently face

01:17:02.290 --> 01:17:04.340
Toutant Beauregard.

01:17:04.340 --> 01:17:05.950
And we definitely would want the towers

01:17:05.950 --> 01:17:07.270
to be further from our house,

01:17:07.270 --> 01:17:10.753
since we are within 300
feet of a proposed location.

01:17:11.630 --> 01:17:15.460
I wanna be a good neighbor
to our neighbors and our friends

01:17:15.460 --> 01:17:18.860
in Fair Oaks Ranch and
Fasiera developments.

01:17:18.860 --> 01:17:21.260
But it seems unfair
that our property values

01:17:21.260 --> 01:17:25.560
are negatively affected and
sacrificed for their benefit.

01:17:25.560 --> 01:17:27.540
And I would hope that there
would be a reasonable way

01:17:27.540 --> 01:17:30.173
for our needs as well
as their needs to be met.

01:17:31.490 --> 01:17:34.520
My hope naturally was
to settle in the hill country

01:17:34.520 --> 01:17:35.620
and retire in this area.

01:17:35.620 --> 01:17:37.830
Since we consider it
to be the prettiest spot

01:17:37.830 --> 01:17:39.800
in the state of Texas,

01:17:39.800 --> 01:17:42.610
we moved here from
Carrollton near Dallas,

01:17:42.610 --> 01:17:44.880
and I paid what I considered
to be a lot of money

01:17:44.880 --> 01:17:48.410
for my new home and
property to enjoy this view.

01:17:48.410 --> 01:17:51.740
And my biggest concern
will be the loss in home value

01:17:51.740 --> 01:17:54.340
once the towers are constructed.

01:17:54.340 --> 01:17:55.770
If not for my neighbors,

01:17:55.770 --> 01:17:58.360
I would not have known
about these proceedings

01:17:58.360 --> 01:18:01.270
because unfortunately
I'm not on your mailing list.

01:18:01.270 --> 01:18:03.983
And I don't subscribe to
the San Antonio newspaper.

01:18:04.970 --> 01:18:06.860
Thankfully, I was able to schedule today

01:18:06.860 --> 01:18:08.700
off from work to
attend this opportunity.

01:18:08.700 --> 01:18:09.890
And I thank you for the opportunity

01:18:09.890 --> 01:18:12.053
to be able to speak to you before today,

01:18:13.060 --> 01:18:15.670
I worked 38 years in
the restaurant business,

01:18:15.670 --> 01:18:18.550
putting in long hours
and saving my money

01:18:18.550 --> 01:18:20.710
to someday enjoy it.

01:18:20.710 --> 01:18:22.270
And to be able to have a view

01:18:22.270 --> 01:18:26.020
that I've been hoping
for, for many years.

01:18:26.020 --> 01:18:27.350
And when we purchased our house,

01:18:27.350 --> 01:18:29.420
we had no idea that
there would be a large,

01:18:29.420 --> 01:18:33.180
130 foot metal structure
placed in our view.

01:18:33.180 --> 01:18:36.480
So it disturbs us because
we would be one of the homes,

01:18:36.480 --> 01:18:40.250
like I said, within 300
feet of an electrical tower.

01:18:40.250 --> 01:18:42.110
And I read that part
of the reasoning given

01:18:42.110 --> 01:18:46.070
was that the visual landscape
alone Toutant Beauregard road

01:18:46.070 --> 01:18:47.880
has already been disturbed,

01:18:47.880 --> 01:18:51.740
including by multiple
contemporary yard art pieces

01:18:51.740 --> 01:18:53.290
on the Heidemann Ranch,

01:18:53.290 --> 01:18:55.670
along the east side of two
Toutant Beauregard road.

01:18:55.670 --> 01:18:57.860
That was the reasoning that was given.

01:18:57.860 --> 01:18:59.190
<v ->You have one minute sir.</v>

01:18:59.190 --> 01:19:01.780
<v ->To me this is an
overgeneralization</v>

01:19:01.780 --> 01:19:05.110
and does not apply to myself
or my immediate neighbors.

01:19:05.110 --> 01:19:07.100
And I can assure you
that my visual landscape

01:19:07.100 --> 01:19:09.440
is all natural landscape,
except for the poles

01:19:09.440 --> 01:19:12.970
presently in place that
are below our view point.

01:19:12.970 --> 01:19:15.210
I agree with the words in your proposal

01:19:15.210 --> 01:19:18.080
for decision that state
the views and visitors

01:19:18.080 --> 01:19:20.340
are valued by the community.

01:19:20.340 --> 01:19:24.020
And so my request is not surprising.

01:19:24.020 --> 01:19:25.730
Nobody in their right mind would want

01:19:25.730 --> 01:19:29.130
130 foot steel structure
built in front of their home.

01:19:29.130 --> 01:19:31.330
And I can't imagine any
of you would want that

01:19:31.330 --> 01:19:33.010
for your personal home.

01:19:33.010 --> 01:19:35.690
And so I request that
those that have the ability

01:19:35.690 --> 01:19:38.630
to make these decisions
to please be sensitive

01:19:38.630 --> 01:19:40.750
to the negative impact it can have

01:19:40.750 --> 01:19:42.250
on the enjoyment of our home

01:19:42.250 --> 01:19:45.400
and the subsequent
financial value to our home.

01:19:45.400 --> 01:19:47.440
Please consider other options.

01:19:47.440 --> 01:19:49.280
Thank you.
<v ->Thank you.</v>

01:19:49.280 --> 01:19:51.933
<v Steve>At this time, I'd
call up Tammy Zamarippa</v>

01:19:53.890 --> 01:19:55.553
and Ismael Reyes.

01:19:58.300 --> 01:20:00.757
And I guess also Kirk Rasmunsen.

01:20:13.010 --> 01:20:13.843
<v ->Okay.</v>

01:20:14.970 --> 01:20:17.480
Good afternoon, My
name is Tammy Zamarripa,

01:20:17.480 --> 01:20:19.950
Z-A-M-A-R-R-I-P-A.

01:20:21.490 --> 01:20:22.640
I'm here today.

01:20:22.640 --> 01:20:25.150
I am a resident of a Sundance Ranch

01:20:25.150 --> 01:20:27.243
right off of Toutant Beauregard road.

01:20:29.000 --> 01:20:31.813
I am here to speak against route Z2.

01:20:34.700 --> 01:20:39.700
The open house meeting that
took place on October 3rd, 2019.

01:20:40.610 --> 01:20:43.440
First of all, we never received
any information on that.

01:20:43.440 --> 01:20:46.153
We'd been in our home
at that point over a year,

01:20:47.393 --> 01:20:51.707
but the questionnaire that
was circulated at that meeting

01:20:52.800 --> 01:20:57.800
came back with a number one
concern by 58% that participated

01:20:58.660 --> 01:21:02.520
that impact to residents
was their number one concern

01:21:02.520 --> 01:21:06.540
with this substation and
new transmission lines.

01:21:06.540 --> 01:21:07.950
I know we've heard it already,

01:21:07.950 --> 01:21:10.640
but that being said, route Z2

01:21:10.640 --> 01:21:15.640
has one of the highest impacts
of residents currently at 33,

01:21:18.510 --> 01:21:21.230
and also with the
scenic crest subdivision

01:21:21.230 --> 01:21:23.170
that is being built and developed

01:21:23.170 --> 01:21:25.170
right across from Sundance Ranch.

01:21:25.170 --> 01:21:26.900
That already has two structures,

01:21:26.900 --> 01:21:28.993
home structures near completion.

01:21:30.430 --> 01:21:32.510
I believe that this substation

01:21:32.510 --> 01:21:35.493
cannot be considered
unforeseen future growth.

01:21:36.400 --> 01:21:38.750
These homes will be
significantly impacted

01:21:38.750 --> 01:21:42.130
and therefore need to also
be taken into consideration

01:21:42.130 --> 01:21:45.380
as a number for impact of residents,

01:21:45.380 --> 01:21:49.903
which is going to greatly
increase for our route.

01:21:52.550 --> 01:21:56.630
Also, I did wanna speak
about the lines running

01:21:56.630 --> 01:21:58.890
near or behind McAndrew Elementary

01:21:58.890 --> 01:22:00.660
and the future middle school,

01:22:00.660 --> 01:22:03.470
as stated before the lines will come in

01:22:03.470 --> 01:22:08.460
about within 200 feet of the playground

01:22:08.460 --> 01:22:13.390
that is already there, and
it will be equally as close

01:22:13.390 --> 01:22:15.080
with the future recreational fields

01:22:15.080 --> 01:22:16.623
that will be developed there.

01:22:18.038 --> 01:22:20.210
And as stated before--
<v ->You have one minute.</v>

01:22:20.210 --> 01:22:24.060
<v ->I feel personally that
if I can't be guaranteed</v>

01:22:24.060 --> 01:22:28.313
100% safety for my child
or myself, when I go there,

01:22:29.230 --> 01:22:31.113
then we shouldn't do it at all.

01:22:33.880 --> 01:22:37.330
Thank you, thank you for
listening to my concerns.

01:22:37.330 --> 01:22:39.470
I hope that you reverse the decision

01:22:39.470 --> 01:22:42.340
that CPS and the ALJs have recommended

01:22:42.340 --> 01:22:45.890
and either support the PUC
staff of engineer's suggestion

01:22:47.733 --> 01:22:49.350
or look for alternative routes.

01:22:49.350 --> 01:22:50.610
Thank you.

01:22:50.610 --> 01:22:51.960
<v ->Thank you for being here.</v>

01:22:55.250 --> 01:22:56.420
<v ->Mr. Reyes.</v>

01:22:56.420 --> 01:22:57.650
<v ->Okay.</v>

01:22:57.650 --> 01:22:59.860
Thank you very much
for having me here today.

01:22:59.860 --> 01:23:01.860
My name is Ismael Reyes.

01:23:01.860 --> 01:23:06.113
You spell that I-S-M-A-E-L
and Reyes is R-E-Y-E-S.

01:23:07.380 --> 01:23:10.880
I live at a Pecan Springs ranch

01:23:10.880 --> 01:23:15.880
and to get to my
retirement home five acres

01:23:16.250 --> 01:23:21.250
and a beautiful home,
beautiful trees around my house.

01:23:21.870 --> 01:23:26.870
I can not believe
that Z2, will come right

01:23:27.130 --> 01:23:28.890
behind my house.

01:23:28.890 --> 01:23:32.730
I might get three poles, maybe two.

01:23:32.730 --> 01:23:37.240
I hope just one, but you know,

01:23:37.240 --> 01:23:38.550
I just wanna state that

01:23:40.200 --> 01:23:42.480
if you're gonna save
millions of dollars,

01:23:42.480 --> 01:23:47.480
because you're going
to get land free land,

01:23:47.680 --> 01:23:52.610
no condemnation, no
nothing from a developer.

01:23:52.610 --> 01:23:56.710
So that way you can
pass through my backyard

01:23:56.710 --> 01:24:00.660
with two, maybe three
poles, I have five acres.

01:24:00.660 --> 01:24:03.830
I worked real hard to get to this point,

01:24:03.830 --> 01:24:06.310
to get my retirement home.

01:24:06.310 --> 01:24:10.570
Three years later, you guys
decide to put three poles,

01:24:10.570 --> 01:24:12.780
transmission lines,
right behind my yard.

01:24:12.780 --> 01:24:17.780
I mean, I have a two, 300
year old Oak trees back there.

01:24:17.820 --> 01:24:20.840
I'm sure you guys are
going to take those down,

01:24:20.840 --> 01:24:25.630
which there's no regulation
on taking down trees.

01:24:25.630 --> 01:24:29.690
And when you do a PUC transmission line.

01:24:29.690 --> 01:24:34.690
Now, I cannot believe that that land

01:24:35.003 --> 01:24:37.200
that was given to

01:24:38.590 --> 01:24:41.380
CPS and PUC

01:24:41.380 --> 01:24:45.700
passes right behind
McAndrews Elementary,

01:24:45.700 --> 01:24:50.090
where my wife teaches,
my grandchildren go there

01:24:50.090 --> 01:24:52.320
and tons of other people go there.

01:24:52.320 --> 01:24:54.830
I cannot believe that transmission line

01:24:54.830 --> 01:24:57.030
is going right through there.

01:24:57.030 --> 01:25:00.050
They say that the harm is nothing

01:25:01.080 --> 01:25:04.710
to harm children at second grade,

01:25:04.710 --> 01:25:06.100
first grade, third grade, fourth grade,

01:25:06.100 --> 01:25:07.250
fifth grade, and so on.

01:25:08.350 --> 01:25:12.143
It gives less energy than the microwave.

01:25:13.060 --> 01:25:15.730
But the thing is, is that our children

01:25:15.730 --> 01:25:20.730
don't stand in front of a
microwave 247, seven days a week.

01:25:21.730 --> 01:25:23.460
So that's my main concern.

01:25:23.460 --> 01:25:28.277
Is that how does PUC and CPS have

01:25:31.023 --> 01:25:32.600
I don't wanna say...

01:25:33.530 --> 01:25:35.793
Well, I don't know if you know that,

01:25:36.840 --> 01:25:40.220
that you pass right by an
elementary school district.

01:25:40.220 --> 01:25:41.260
<v ->You have one minute, sir.</v>

01:25:41.260 --> 01:25:43.167
<v ->And so that's my main concern,</v>

01:25:43.167 --> 01:25:45.420
but my main concern is that I'm trying

01:25:45.420 --> 01:25:47.820
to save my retirement home,

01:25:47.820 --> 01:25:50.483
I have worked real
hard to get to this point.

01:25:51.810 --> 01:25:55.430
I paid a lot of money for that
property as a get devalued.

01:25:55.430 --> 01:25:58.890
And probably my trees
are gonna get torn down

01:25:58.890 --> 01:26:03.890
because literally those poles will go

01:26:04.240 --> 01:26:08.740
probably around 50 to 60
feet away from my back door,

01:26:08.740 --> 01:26:09.923
from my patio door.

01:26:11.450 --> 01:26:13.550
And they say that

01:26:15.940 --> 01:26:18.733
there's no homes
impacted through that route.

01:26:19.850 --> 01:26:23.463
I beg your pardon, my
house is impacted a lot.

01:26:24.580 --> 01:26:27.230
And so I spent all my life savings,

01:26:27.230 --> 01:26:30.360
all the properties I have
sold to get to this point,

01:26:30.360 --> 01:26:34.120
and I'm 71 years old, I
cannot build another house

01:26:36.653 --> 01:26:38.650
or maintain something else

01:26:38.650 --> 01:26:43.140
where I can be at a
retirement place, okay.

01:26:43.140 --> 01:26:44.840
Thank you very much
for letting me speak today.

01:26:44.840 --> 01:26:45.673
Thank you.

01:26:45.673 --> 01:26:46.970
<v ->Thank you for being here.</v>

01:26:48.123 --> 01:26:49.620
<v Steve>Sir that leaves us with</v>

01:26:50.950 --> 01:26:52.963
CPS and Commission style.

01:26:58.100 --> 01:27:02.550
<v ->Well, like there's
we heard from</v>

01:27:02.550 --> 01:27:06.860
one of the testimony that
there's no perfect answer to this.

01:27:06.860 --> 01:27:10.430
And I think everything we heard speaks

01:27:10.430 --> 01:27:12.833
to the difficulty of
making these choices.

01:27:14.870 --> 01:27:17.150
Do CPS, do you have any prepared remarks

01:27:17.150 --> 01:27:18.901
or are you here to answer questions?

01:27:18.901 --> 01:27:20.900
<v ->I'm happy to
answer any questions.</v>

01:27:20.900 --> 01:27:24.790
Kirk Rasmussen from Jacks
Walker representing CPS Energy,

01:27:24.790 --> 01:27:27.140
the applicant in this proceeding,

01:27:27.140 --> 01:27:30.120
I do have some responses
to some of what we heard.

01:27:30.120 --> 01:27:34.310
If you'd like to hear that the record,

01:27:34.310 --> 01:27:37.140
we've addressed a lot
of this in reply exceptions

01:27:37.140 --> 01:27:38.500
and reply briefing.

01:27:38.500 --> 01:27:40.500
So I'm happy to address
anything you would like

01:27:40.500 --> 01:27:42.200
addressed as well as
answer any questions

01:27:42.200 --> 01:27:43.650
that the Commission may have.

01:27:44.631 --> 01:27:45.710
<v ->Yeah, I do have a
couple of questions.</v>

01:27:45.710 --> 01:27:47.440
First of all, I just wanna say thank you

01:27:47.440 --> 01:27:49.853
to all of the homeowners that came out.

01:27:51.650 --> 01:27:54.450
It's a forum that you all
need to have and should have.

01:27:54.450 --> 01:27:57.210
And we're appreciative of you all

01:27:57.210 --> 01:27:59.130
having the courage to come
up and speak your views

01:27:59.130 --> 01:28:00.630
to this Commission, thank you.

01:28:02.601 --> 01:28:05.400
And then I do have a
question about one issue,

01:28:05.400 --> 01:28:10.400
and that is why was
substation seven added

01:28:13.420 --> 01:28:17.810
as a late possibility and
that it was not considered

01:28:18.830 --> 01:28:21.683
or disclosed during open houses?

01:28:22.770 --> 01:28:25.490
<v ->Well, so as this
process happens,</v>

01:28:25.490 --> 01:28:27.287
you lay out substation sites.

01:28:27.287 --> 01:28:28.920
You look for available property

01:28:28.920 --> 01:28:32.960
where you could put a
potentially five acre substation.

01:28:32.960 --> 01:28:34.490
You look for rotting alternatives,

01:28:34.490 --> 01:28:38.970
you're trying to find where
the need for the project is.

01:28:38.970 --> 01:28:40.100
And I would note for the record,

01:28:40.100 --> 01:28:42.340
what we did not hear today was anyone

01:28:42.340 --> 01:28:45.070
challenging the need for this project.

01:28:45.070 --> 01:28:48.670
This is a critical project
for the reliability of this area.

01:28:48.670 --> 01:28:52.130
And so you're looking
to find a site in that area.

01:28:52.130 --> 01:28:54.490
You hold an open house
and you get feedback

01:28:54.490 --> 01:28:55.330
from the community.

01:28:55.330 --> 01:28:57.540
Well, one of the feedback we got

01:28:57.540 --> 01:28:59.927
was a landowner approached us and said,

01:28:59.927 --> 01:29:02.380
"I have a piece of property
that I would be willing

01:29:02.380 --> 01:29:05.570
to sell you for your
substation in this location."

01:29:05.570 --> 01:29:08.447
We had two landowners
approach us and said,

01:29:08.447 --> 01:29:09.990
"I'd be interested in selling you

01:29:09.990 --> 01:29:12.460
my property, would it work?"

01:29:12.460 --> 01:29:14.920
And we went out and we evaluated that.

01:29:14.920 --> 01:29:17.930
Interestingly, the substation site six,

01:29:17.930 --> 01:29:20.870
that some of the opponents
of substation site seven

01:29:21.720 --> 01:29:24.840
are arguing against,
was also added later.

01:29:24.840 --> 01:29:27.400
So part of the public feedback

01:29:27.400 --> 01:29:29.963
is to get feedback from the community.

01:29:30.900 --> 01:29:34.700
The opportunity to then
respond is through this process.

01:29:34.700 --> 01:29:38.020
We've had over, 15 months now

01:29:38.020 --> 01:29:40.190
of the community
expressing to the Commission,

01:29:40.190 --> 01:29:42.820
their thoughts about
substation site seven,

01:29:42.820 --> 01:29:45.260
substation site one,
substation site six.

01:29:45.260 --> 01:29:49.840
And so there's this perception
that these open houses

01:29:49.840 --> 01:29:52.800
are the opportunity to
provide feedback, they are,

01:29:52.800 --> 01:29:55.500
we took that feedback,
we looked for other sites,

01:29:55.500 --> 01:29:57.060
other opportunities.

01:29:57.060 --> 01:30:00.470
And so substation sites
six, substation sites seven

01:30:00.470 --> 01:30:03.580
substation site one was
relocated based on that feedback.

01:30:03.580 --> 01:30:06.270
And then the community is apprised

01:30:06.270 --> 01:30:08.940
of those new locations
and their opportunity

01:30:08.940 --> 01:30:10.090
is through this process.

01:30:10.090 --> 01:30:12.120
And we've heard it, the judges heard it,

01:30:12.120 --> 01:30:14.880
they heard a lot of
feedback about the pros

01:30:14.880 --> 01:30:18.180
of sub-station site seven,
the pros of substation site six.

01:30:18.180 --> 01:30:19.650
And they considered that.

01:30:19.650 --> 01:30:21.670
So I would just remind
the Commissioners,

01:30:21.670 --> 01:30:24.500
this whole process,
and it's been vigorous.

01:30:24.500 --> 01:30:27.730
The community's been really involved.

01:30:27.730 --> 01:30:29.860
This is the process for them to express

01:30:29.860 --> 01:30:32.520
to the Commission their
views on substation site seven

01:30:32.520 --> 01:30:35.530
substation site six, and
the judges heard that,

01:30:35.530 --> 01:30:37.370
and they took that into consideration

01:30:37.370 --> 01:30:39.483
and coming up with their recommendation.

01:30:40.736 --> 01:30:41.569
<v Man>May I ask a question?</v>

01:30:42.510 --> 01:30:44.065
<v ->No, this is a
time for questions</v>

01:30:44.065 --> 01:30:47.020
from the Commission to testimony.

01:30:47.020 --> 01:30:47.870
Thank you though.

01:30:49.460 --> 01:30:51.240
Are there any other
points that were raised

01:30:51.240 --> 01:30:53.270
that you'd like to address briefly?

01:30:53.270 --> 01:30:54.840
<v ->I think the, record's clear</v>

01:30:54.840 --> 01:30:58.580
about the relationship between
CPS Energy and Mr. Dries.

01:30:58.580 --> 01:31:02.010
Mr. Dries filed a letter
a couple of days ago,

01:31:02.010 --> 01:31:04.850
expressing how he interacted with CPS.

01:31:04.850 --> 01:31:08.250
And I wanna make clear to the committee,

01:31:08.250 --> 01:31:10.660
Mr. Dries approached us as a land owner

01:31:10.660 --> 01:31:13.260
that owned a large piece of property

01:31:13.260 --> 01:31:15.560
and expressed a
willingness to work with CPS

01:31:15.560 --> 01:31:18.550
on routing, work with us
on donation abroad away,

01:31:18.550 --> 01:31:21.023
working with us on right-away costs.

01:31:21.940 --> 01:31:26.463
And CPS worked with
Mr. Dries as he approached us,

01:31:27.312 --> 01:31:30.480
there is no evidence of
coercion or arm twisting

01:31:30.480 --> 01:31:33.740
or forcing Mr. Dries to
interact at all with CPS,

01:31:33.740 --> 01:31:35.110
he chose to approach us.

01:31:35.110 --> 01:31:39.560
He chose to approach CPS
Energy with several deals,

01:31:39.560 --> 01:31:41.340
several opportunities.

01:31:41.340 --> 01:31:45.310
And we hope that it will be a
precedent for the Commission

01:31:45.310 --> 01:31:48.350
to encourage landowners,
to work with utilities,

01:31:48.350 --> 01:31:52.460
to come up with solutions
that can accommodate

01:31:52.460 --> 01:31:54.760
both infrastructure as
well as development.

01:31:54.760 --> 01:31:59.080
And so I wouldn't want
the record to reflect that,

01:31:59.080 --> 01:32:00.030
that relationship,

01:32:00.030 --> 01:32:02.293
that there was any
arm twisting or coercion.

01:32:03.230 --> 01:32:05.800
And I think Mr. Dries's
letter earlier this week

01:32:05.800 --> 01:32:08.380
reflects how he did approach CPS

01:32:08.380 --> 01:32:09.790
and how that relationship was.

01:32:09.790 --> 01:32:11.163
<v ->All right, thank you.</v>

01:32:14.170 --> 01:32:17.990
Like I said, there's
no perfect solution.

01:32:17.990 --> 01:32:22.743
It's a difficult, difficult
choice, out of the gates.

01:32:24.320 --> 01:32:28.890
I'd be open to having
a discussion at the dais,

01:32:28.890 --> 01:32:32.470
but certainly I'd certainly be willing

01:32:32.470 --> 01:32:34.980
to consider tabling this
until our next open meeting,

01:32:34.980 --> 01:32:37.623
so we can consider
everything we've heard today,

01:32:38.940 --> 01:32:40.173
but we don't have to,

01:32:41.627 --> 01:32:42.460
but I just wanna throw that out there.

01:32:42.460 --> 01:32:47.260
<v ->Out of respect for the
testimony from the interveners,</v>

01:32:47.260 --> 01:32:49.240
I'd like to go back, stare at the map,

01:32:49.240 --> 01:32:53.160
compute what I've heard and come back,

01:32:53.160 --> 01:32:56.413
discuss this with everybody
and see where we all land.

01:32:57.570 --> 01:32:59.340
<v ->Yeah, that makes sense to me.</v>

01:32:59.340 --> 01:33:00.240
<v ->Yes, absolutely.</v>

01:33:01.450 --> 01:33:02.910
<v ->I agree.</v>

01:33:02.910 --> 01:33:05.453
<v ->All right, in the meantime,</v>

01:33:06.300 --> 01:33:10.067
is there any additional
information y'all want from CPS?

01:33:12.480 --> 01:33:14.905
I know we've had Commissioner McAdams

01:33:14.905 --> 01:33:18.100
led the charge on
making sure that we've got

01:33:18.100 --> 01:33:22.030
all the existing data or
underlying data, right.

01:33:22.030 --> 01:33:26.930
To justify the load projections.

01:33:26.930 --> 01:33:29.380
And, I know nobody contested that,

01:33:29.380 --> 01:33:31.780
but in for the sake of consistency,

01:33:31.780 --> 01:33:36.093
I would certainly like
to see the existing data,

01:33:37.150 --> 01:33:40.460
not a requirement to go do
additional analysis or studies,

01:33:40.460 --> 01:33:45.460
but would like to, for
CPS to file the existing data

01:33:45.960 --> 01:33:50.050
and plan forming the
basis of this low growth.

01:33:50.050 --> 01:33:53.130
<v ->And chairman, I don't
wanna be presumptuous,</v>

01:33:53.130 --> 01:33:56.390
but we did try in our
reply to exceptions

01:33:56.390 --> 01:33:59.210
to address Commissioner
McAdam's previous comments.

01:33:59.210 --> 01:34:03.650
And so we laid out in
our reply to exceptions

01:34:03.650 --> 01:34:06.440
where that record evidence is,

01:34:06.440 --> 01:34:07.937
but I'm happy to supplement that

01:34:07.937 --> 01:34:10.550
if you'd like additional information,

01:34:10.550 --> 01:34:13.340
I think the PFD walked
through it as well,

01:34:13.340 --> 01:34:15.170
but we're happy to provide whatever else

01:34:15.170 --> 01:34:17.210
you'd like about the record evidence.

01:34:17.210 --> 01:34:19.410
<v ->Yeah, I did see that
they had filed in the reply,</v>

01:34:19.410 --> 01:34:23.240
a load growth, the bones of
that load growth assessment

01:34:23.240 --> 01:34:26.493
that justified the need and
delineated the need there.

01:34:27.760 --> 01:34:30.477
So, yeah, I'm gonna
go back and look at that

01:34:30.477 --> 01:34:32.970
given some of these assertions.

01:34:32.970 --> 01:34:36.920
<v ->Sure, would you mind putting
some meat on those bones</v>

01:34:36.920 --> 01:34:40.340
and filling in the gaps with

01:34:40.340 --> 01:34:43.800
which the analysis you've already got?

01:34:43.800 --> 01:34:45.243
<v ->Yeah, we'd be happy to.</v>

01:34:45.243 --> 01:34:46.463
<v ->I appreciate that.</v>

01:34:48.890 --> 01:34:51.180
<v ->I would like to get a
little bit more information</v>

01:34:51.180 --> 01:34:53.820
and I'm sure it's in the
record somewhere perhaps

01:34:55.994 --> 01:34:58.883
on the route, I guess, is it, Y?

01:35:00.550 --> 01:35:02.410
Just to get a little bit
more information about why

01:35:02.410 --> 01:35:05.560
that route wasn't ultimately chosen?

01:35:05.560 --> 01:35:08.240
It sounds like based
on some of the feedback

01:35:08.240 --> 01:35:09.120
we got here today,

01:35:09.120 --> 01:35:11.860
that it could address a lot of concerns

01:35:11.860 --> 01:35:13.310
by all the different land owners.

01:35:13.310 --> 01:35:15.373
And what I want from that is,

01:35:17.840 --> 01:35:20.810
maybe from a technical standpoint,

01:35:20.810 --> 01:35:25.810
why was it a route that would
meet the reliability, perhaps,

01:35:26.340 --> 01:35:31.340
cost, how much more
costs would it be impacted,

01:35:32.000 --> 01:35:36.880
habitable structures, those
key sets of information.

01:35:36.880 --> 01:35:38.980
<v ->So let me address one point.</v>

01:35:38.980 --> 01:35:42.730
So route Y is a route
included in the application.

01:35:42.730 --> 01:35:44.640
It does meet the reliability needs,

01:35:44.640 --> 01:35:48.290
and it's certainly a route
that CPS Energy supports

01:35:48.290 --> 01:35:50.330
as a viable route for the project.

01:35:50.330 --> 01:35:52.430
So it's one in our application,

01:35:52.430 --> 01:35:57.200
it's one that we support
and would be happy

01:35:57.200 --> 01:35:59.100
for the Commission to approve.

01:35:59.100 --> 01:36:02.070
As these cases tend to play out,

01:36:02.070 --> 01:36:04.480
the utility will present,

01:36:04.480 --> 01:36:07.180
in this case, we got to
about 33 different routes

01:36:07.180 --> 01:36:08.900
for consideration.

01:36:08.900 --> 01:36:13.330
And then as parties advocate
for and against routes,

01:36:13.330 --> 01:36:15.420
the case kind of
proceeds with the parties,

01:36:15.420 --> 01:36:17.750
choosing which routes
they want to argue for

01:36:17.750 --> 01:36:19.670
against the utility.

01:36:19.670 --> 01:36:22.403
We end up being fairly agnostic to the,

01:36:23.570 --> 01:36:25.920
as long as the routes meet
the need for the project,

01:36:25.920 --> 01:36:27.040
we support it.

01:36:27.040 --> 01:36:30.300
And then the data can be
used by the Commission.

01:36:30.300 --> 01:36:35.030
So that it's approximately
five million more

01:36:35.030 --> 01:36:37.920
than the route that the
judges recommended.

01:36:37.920 --> 01:36:42.920
It has approximately eight
more habitable structures

01:36:43.110 --> 01:36:46.203
within 300 feet than the route
the judges recommended.

01:36:47.130 --> 01:36:50.870
But there are certainly,
and CPS exhibit 17,

01:36:50.870 --> 01:36:51.720
and I'll be happy.

01:36:51.720 --> 01:36:54.660
We can include this in
our discussion of need.

01:36:54.660 --> 01:36:56.970
We can lay out some of the comparisons,

01:36:56.970 --> 01:37:00.850
but I think the only reason
Commissioner Cobos,

01:37:00.850 --> 01:37:03.630
that it didn't receive
a lot of discussion

01:37:03.630 --> 01:37:05.340
from the judges is it didn't receive

01:37:05.340 --> 01:37:07.590
a lot of discussion from the parties.

01:37:07.590 --> 01:37:10.440
And so, as these cases develop,

01:37:10.440 --> 01:37:13.960
the judges respond to the
evidence the parties present

01:37:13.960 --> 01:37:17.170
about routes they're in
favor of for, or against,

01:37:17.170 --> 01:37:20.947
and it just parties weren't
arguing for or against it

01:37:20.947 --> 01:37:23.010
and so it didn't receive
a lot of discussion.

01:37:23.010 --> 01:37:26.400
But all of the data for
that route is in the record.

01:37:26.400 --> 01:37:30.220
And it's certainly available
for the Commission to consider.

01:37:30.220 --> 01:37:33.487
And we'd be happy to compare
the attributes of that route

01:37:33.487 --> 01:37:35.380
and if you would like.

01:37:35.380 --> 01:37:36.213
<v ->That would be great.</v>
<v ->Can you tell me</v>

01:37:36.213 --> 01:37:38.203
where it is generally speaking?

01:37:41.773 --> 01:37:43.450
Is it to the north
or is it to the south?

01:37:43.450 --> 01:37:44.930
<v ->It proceeds to the north?</v>

01:37:44.930 --> 01:37:46.160
<v ->Okay.</v>

01:37:46.160 --> 01:37:46.993
<v ->Right.</v>

01:37:47.850 --> 01:37:52.040
Appreciate if you could
fill in the gaps there.

01:37:52.040 --> 01:37:53.360
And finally, I would also ask

01:37:53.360 --> 01:37:56.440
for a map showing all
of the CCN boundaries

01:37:56.440 --> 01:37:58.860
and transmission distribution facilities

01:37:58.860 --> 01:38:01.313
by different CCN holders in this area.

01:38:02.490 --> 01:38:04.940
And if we wanna get it on,

01:38:04.940 --> 01:38:08.343
get this item on the
November 18th agenda,

01:38:11.030 --> 01:38:12.777
please have it by the eighth.

01:38:12.777 --> 01:38:15.700
<v ->Can you help me with what
that your last question was</v>

01:38:15.700 --> 01:38:16.790
about CCN holders?

01:38:16.790 --> 01:38:20.410
So this is wholly within CPS Energy's

01:38:20.410 --> 01:38:22.700
certificated service territory,

01:38:22.700 --> 01:38:25.670
and all of the transmission
lines within this area

01:38:25.670 --> 01:38:28.300
are CPS Energy, transmission lines?

01:38:28.300 --> 01:38:29.900
<v ->Any nearby boundaries.</v>

01:38:29.900 --> 01:38:31.450
<v Kirk>Okay.</v>

01:38:31.450 --> 01:38:35.000
<v ->And any nearby boundaries</v>

01:38:35.000 --> 01:38:37.710
and associated ownership of lines.

01:38:37.710 --> 01:38:38.700
<v ->Okay.</v>

01:38:38.700 --> 01:38:40.240
And that there is an exhibit.

01:38:40.240 --> 01:38:42.172
So we'll point you
to that in the record.

01:38:42.172 --> 01:38:43.005
<v ->And just to be clear,</v>

01:38:43.005 --> 01:38:45.570
I think it, wasn't already a map

01:38:45.570 --> 01:38:47.990
that has Y on there as well,

01:38:47.990 --> 01:38:49.490
and your cross-comparison table,

01:38:49.490 --> 01:38:51.410
while all that information is
the record would just help us.

01:38:51.410 --> 01:38:52.990
So we don't have to go dig around.

01:38:52.990 --> 01:38:53.823
<v ->Sure.</v>

01:38:53.823 --> 01:38:58.210
And so the demonstrative
maps that we've filed in the docket

01:38:58.210 --> 01:39:00.870
will point out the
segments that demonstrate

01:39:01.730 --> 01:39:03.310
where route Y is.

01:39:03.310 --> 01:39:05.450
So you can trace that along.

01:39:05.450 --> 01:39:10.120
Or if you'd like, we can
create a separate exhibit

01:39:10.120 --> 01:39:12.280
that just shows the location of route Y,

01:39:12.280 --> 01:39:14.996
if you want to compare.

01:39:14.996 --> 01:39:15.829
<v ->That would be great.</v>

01:39:15.829 --> 01:39:17.920
<v ->I would prefer to
on an existing map</v>

01:39:17.920 --> 01:39:19.240
that has all of the segments

01:39:19.240 --> 01:39:24.120
so that we can look at all
of them in a single exhibit.

01:39:24.120 --> 01:39:24.960
<v ->That's right.</v>

01:39:24.960 --> 01:39:29.960
<v ->So there was a map in
evidence at CPS Energy exhibit 16.</v>

01:39:31.047 --> 01:39:32.990
And it, for lack of a better term,

01:39:32.990 --> 01:39:34.570
it's called the rainbow map,

01:39:34.570 --> 01:39:39.380
just because it has so many
colors that showed the routes

01:39:39.380 --> 01:39:43.400
that parties were
advocating for or against.

01:39:43.400 --> 01:39:46.010
<v ->Is that the one with
like 30 different options</v>

01:39:46.010 --> 01:39:46.843
and stuff like that?

01:39:46.843 --> 01:39:50.610
<v ->It's got give, or take seven
or eight different routes</v>

01:39:50.610 --> 01:39:52.400
that parties were advocating for.

01:39:52.400 --> 01:39:54.790
And it shows the different
color combinations,

01:39:54.790 --> 01:39:56.300
route Y is not on there,

01:39:56.300 --> 01:39:59.410
because again, it hadn't
been advocated for.

01:39:59.410 --> 01:40:03.220
If you'd like, we can just
add route Y to that map,

01:40:03.220 --> 01:40:05.020
and then you can see
it compared to the ones

01:40:05.020 --> 01:40:09.100
that parties were advocating
for in their discussions.

01:40:09.100 --> 01:40:10.756
<v ->That should work.</v>

01:40:10.756 --> 01:40:11.589
(indistinct)

01:40:11.589 --> 01:40:13.290
<v ->Okay, that'd be
helpful, thank you.</v>

01:40:13.290 --> 01:40:14.123
<v ->And we'll just,</v>

01:40:14.123 --> 01:40:17.370
we'll file that in the
docket with the other filings.

01:40:17.370 --> 01:40:18.493
<v ->I appreciate it.</v>

01:40:22.280 --> 01:40:23.590
<v ->Community values.</v>

01:40:23.590 --> 01:40:24.423
<v ->Fire away.</v>

01:40:24.423 --> 01:40:27.190
<v ->Okay staff,</v>

01:40:27.190 --> 01:40:29.840
do you have any comment
on the community values

01:40:29.840 --> 01:40:33.313
definition that is being embraced here?

01:40:34.630 --> 01:40:35.870
<v Man>In the PFD, your honor?</v>

01:40:35.870 --> 01:40:36.970
<v ->Yes, sir.</v>

01:40:36.970 --> 01:40:39.570
<v ->Ruston Tailwater
for Commission staff.</v>

01:40:39.570 --> 01:40:42.950
We thought the PFD was
thoughtful in its analysis.

01:40:42.950 --> 01:40:45.820
The term community values is interpreted

01:40:45.820 --> 01:40:47.250
differently by different judges.

01:40:47.250 --> 01:40:50.570
I don't think that we
have a objective definition

01:40:50.570 --> 01:40:54.190
that we could point to, this is
what community values are.

01:40:54.190 --> 01:40:57.023
Generally staff interprets that criteria

01:40:57.023 --> 01:40:59.930
and has the opinions and attitudes

01:40:59.930 --> 01:41:02.200
of the members of the community

01:41:02.200 --> 01:41:03.850
who are involved in the case,

01:41:03.850 --> 01:41:06.476
which is a fairly broad definition.

01:41:06.476 --> 01:41:07.309
<v ->All right.</v>

01:41:07.309 --> 01:41:09.140
Well, I wanted to hear those thoughts.

01:41:09.140 --> 01:41:11.600
I think we do need as a Commission

01:41:11.600 --> 01:41:13.800
before making a final determination,

01:41:13.800 --> 01:41:15.460
talk through community values,

01:41:15.460 --> 01:41:19.120
and I'll hold my fire on, on this topic

01:41:19.120 --> 01:41:21.120
until final determination, but yeah.

01:41:21.120 --> 01:41:22.130
Do want to speak to it?

01:41:22.130 --> 01:41:22.963
<v ->Sure.</v>

01:41:22.963 --> 01:41:24.880
<v ->And chairman
Commissioners just briefly,</v>

01:41:24.880 --> 01:41:27.363
I just wanted to make
a very brief statement,

01:41:28.300 --> 01:41:29.660
as you've said, and as you've heard,

01:41:29.660 --> 01:41:32.230
there's no easy decisions in this case.

01:41:32.230 --> 01:41:35.650
However, staff does
continue to support route P

01:41:35.650 --> 01:41:38.610
as the route that we
believe best meets the criteria

01:41:38.610 --> 01:41:40.570
and PURA and the Commission rules.

01:41:40.570 --> 01:41:43.890
However, we are respectful
of the very thoughtful

01:41:43.890 --> 01:41:45.920
and thorough analysis
that they ALJ performed

01:41:45.920 --> 01:41:47.580
in their proposal for decision.

01:41:47.580 --> 01:41:49.590
We're happy to answer any
questions about that position.

01:41:49.590 --> 01:41:51.040
<v ->Thank you, Ruston.</v>
<v ->Sure.</v>

01:41:51.980 --> 01:41:54.240
<v ->I'll throw in one
additional thought</v>

01:41:54.240 --> 01:41:58.160
regarding consideration
of recreational areas.

01:41:58.160 --> 01:42:00.320
If we want to, my opinion would be that

01:42:00.320 --> 01:42:03.810
those recreational
areas, anything to find out

01:42:03.810 --> 01:42:06.183
as such should be open to public access,

01:42:08.430 --> 01:42:11.139
you and I get it dearly so
nobody else can come on.

01:42:11.139 --> 01:42:12.530
I don't think that's a recreational area

01:42:12.530 --> 01:42:17.050
for purposes of this,
these kinds of proceedings.

01:42:17.050 --> 01:42:18.860
Just wanna mention that.

01:42:20.894 --> 01:42:22.870
Unless there are any
other thoughts or comments,

01:42:22.870 --> 01:42:26.723
we will table this item
until a further open meeting.

01:42:27.770 --> 01:42:31.010
And given the time we will recess

01:42:31.010 --> 01:42:36.010
for a 45 minute lunch break
and reconvene here at 1:15 PM.