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BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION
IN THE MATTER OF THE APPLICATION ) OF SOUTHWESTERN ELECTRIC POWER ) COMPANY FORA CERTIFICATE OF ) ENVIRONMENTAL COMPATffiILITY AND ) PUBLIC NEED FOR THE CONSTRUCTION ) DOCKET NO. 13-041-U OWNERSIllP, OPERATION AND MAINTENANCE ) OF THE PROPOSED 345 KV TRANSMISSION LINE ) BETWEEN THE SIllPE ROAD STATION AND ) THE PROPOSED KINGS RIVER STATION AND ) ASSOCIATED FACILITIES TO BE LOCATED IN ) BENTON, CARROLLAND/OR MADISON AND ) WASIllNGTON COUNTIES, ARKANSAS )
AMENDED JOINT PETITION TO INTERVENE OF THORNCROWN CHAPEL, INC., THE AMERICAN INSTITUTE OF ARCIllTECTS AND THE ARKANSAS CHAPTER. THE AMERICAN INSTITUTE OF ARCIllTECTS
Thorncrown Chapel, Inc. ("Thorncrown"), the American Institute of Architects (the "Institute") and The Arkansas Chapter, the American Institute ofArchitects ("AlA Arkansas") GointIy, the
"Petitioners',) respectfully state as follows for their amended petition to intervene in this proceeding pursuant to Rule 3.04(a)(2) of the Arkansas Public Service Commission's Rules of
Practice and Procedure:
1. Thorncrown is an Arkansas nonprofit corporation in good standing with its principal place of business in Eureka Springs, Arkansas. Thorncrown is dedicated to operating, preserving and protecting Thorncrown Chapel. A copy of Thorncrown's Articles of Incorporation is attached as
Exhibit A. Thorncrown Chapel is a setting and structure of unparalleled historical and architectural significance. Since the Chapel opened in 1980, over six million people have visited this woodland sanctuary. It has won numerous architectural awards such as the American Institute of Architects'
Design of the Year Award for 1981 and the American Institute of Architects' Design of the Decade
Award for the 1980's. The Chapel received the 2006 American Institute of Architects' Twenty-Five
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Year Award for architectural design that has stood the test of time for twenty-five years. In 2007,
Thorncrown Chapel was selected through a public survey ofAmericans as part ofAmerica's
Favorite Architecture, placing 60th out ofl50 buildings. In addition, the Chapel is listed on the
National Register of Historic Places. E. Fay Jones, renowned architect responsible for Thorncrown
Chapel's design, received the Institute's Gold Medal in 1990, the highest honor that the Institute confers.
2. The Institute is a New York not-for-profit organization in good standing with its principal offices in Washington, D.C. The Institute's Articles of Incorporation are attached as Exhibit B.
Founded in 1857, almost 80,000 architect and allied members of the Institute consistently work to create more valuable, healthy, secure and sustainable buildings, neighborhoods and communities. Through nearly 300 state and local chapters, the Institute advocates for public policies that promote economic vitality and public well being. Furthermore, since its earliest days, the Institute has advocated for protecting and conserving natural resources. In the 20th century, the Institute played a key role in advocacy for the Appalachian Trail and the formation of the National Park Service. The Institute's service to the architecture profession and the public well being include efforts to preserve and protect architecturally significant structures. Since the beginning of the energy efficiency movement in the 1970s, the Institute has been a leader in promoting the energy-efficient design, construction and operation of buildings and the communities in which they exist. The Institute's current public policies and position statements state: "The [Institute1 recognizes a growing body of evidence that demonstrates current planning, design, construction and real estate practices contribute to patterns of resource consumption that will inhibit the sustainable future of the Earth. Architects, as the leaders in design of the built environment, are responsible to act as stewards of the Earth. Consequently, we encourage
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communities to join with us to take the leadership to change the course of the planet's future and support legislative and regulatory strategies that implement sustainable design practices to advance the goal of achieving carbon-neutral buildings by the year 2030."
3. AIAArkansas is an Arkansas nonprofit corporation in good standing with its principal offices in Little Rock, Arkansas, and is a chapter of the Institute. A copy ofAIAArkansas' Articles of
Incorporation is attached as Exhibit C. AIAArkansas' mission is to organize and unite in fellowship the architects of the State ofArkansas; to combine their efforts to promote the aesthetic, scientific and practical efficiency of the profession; to advance the science and art of planning and building by advancing the standards of architectural education, training and practice; to coordinate the building industry and the profession of architecture to insure the advancement of the living standards of our people through their improved environment; and to make the profession of ever increasing service to society. Like the Institute, AIAArkansas' service to the architecture profession and the public well being include efforts to preserve and protect architecturally significant structures.
4. Thorncrown Chapel is located approximately 1,000 feet from the Route 91 (or Blue Route) alternate route identified in Southwestern Electric Power Company's ("SWEPCO's) application.
Locating high voltage transmission facilities so near the Chapel would be extremely detrimental to and totally incompatible with the Chapel. Perhaps the Chapel's most significant architectural feature is the way in which it was designed to be and is a part ofthe pristine natural setting and view. Architect E. Fay Jones said that he wanted Thorncrown to be so closely tied to its surroundings that it looked like someone dropped a seed in the woods, and the chapel grew up with everything else.
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5. Thomcrown has a direct and unique interest in this proceeding as the proposed Route 91 alternate route is directly at odds with Thomcrown's purpose of preserving and protecting the
Chapel. The proposed facilities would be hannful to Thomcrown both economically and aesthetically. Thomcrown Chapel's interplay with its pristine setting is the essence of the Chapel.
Consequently, despite specific mention in Thomcrown's Articles of Incorporation, Thomcrown's organizational purposes inherently include promoting and protecting the surrounding environment and the conservation, natural beauty and flora and fauna of the surrounding area.
6. The Institute and AIAArkansas have a direct and unique interest in this proceeding as the proposed Route 91 alternate route is directly at odds with their efforts to preserve and protect architecturally significant structures for the architecture profession's and the public's benefit.
Again, because Thomcrown Chapel's integration with the environment is the Chapel's essence, preserving and protecting the Chapel includes promoting and protecting the surrounding environment and the conservation, natural beauty and flora and fauna of the surrounding area.
While the Institute is not a domestic corporation entitled to intervention as of right under Ark. Code
Ann. § 23-18-51 7(a)(3) (20 II Supp.), the Institute meets all the other requirements set out therein.
The Institute should be granted intervention pursuant to Rule 3.04(a) and (b) of the Commission's
Rules of Practice and Procedure because the Institute has an interest that may be directly affected by the Commission's action.
7. No other party to this proceeding is as uniquely qualified as the Petitioners to protect
Thomcrown Chapel's interests and provide the Commission with information about the Chapel's historical and architectural significance, as well as the potential impact of SWEPCO's proposal on the Chapel. In addition, the Petitioners' interests will not be adequately represented by any other
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party or potential party to this proceeding as the other parties' interests are adverse to the Petitioners in at least some respects.
8. The Petitioners wish to be heard on each matter at issue herein, as each such matter may impact upon the Chapel. The Petitioners have not completed their review ofSWEPCO's proposals, but the Petitioners can state that they oppose SWEPCO's proposed Alternate Route 91.
9. The following person should be included on the official service list in this proceeding should the Petitioners be permitted to intervene and all communications concerning this Petition should be addressed to the following person:
Stephen N. Joiner ROSE LAW FIRM a Professional Association 120 East Fourth Street Little Rock, Arkansas 72201-2893 (501) 377-0329 [email protected]
WHEREFORE, the Petitioners request that they be permitted to intervene as party in this proceeding.
Respectfully submitted,
ROSE LAW FIRM a Professional Association 120 East Fourth Street Little Rock, Arkansas 72201-2893 (501) 377-0392 [email protected]
Attorneys for Thorncrown, the American Institute ofArchitects and AlA Arkansas
By: /s/ Stephen N. Joiner Stephen N. Joiner Arkansas Bar No. 87093
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CERTIFICATE OF SERVICE
I, Stephen N. Joiner, do hereby certify that I have served a copy of the foregoing instrument via electronic and U.S. Mail to the parties of record on May 9, 2013. lsi Stephen N. Joiner Stephen N. Joiner
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EXHIBIT A
THORNCROWN CHAPEL, INC. ARTICLES OF INCORPORATION APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc.:27- If) '199 ARTICLES OF INCORPORATION
OF
THORN CROWN CHAPEL, INC.
ARTICLE I
NAME
The name of this corporation shall be Thorncrown Chapel,
Inc. The period of existence of said corporation shall be
perpetual. The address -of the main business office shall be
Route 2, Box 95A, Eureka Springs, Arkansas 72632. The name of the registered agent for service at that address shall be
James E. Reed.
ARTICLE II.
PURPOSES
The purposes of the Thorncrown Chapel, Inc. shall be to provide a place of worship and contemplation for travelers
and other visitors to contemplate the gospel of Christ; to
advance the study of the gospel of Christ; and to advance
faith, hope and charity among the visitors to the Chapel; to
promote the advancement and glory of Christ IS Kingdom bl'
benevolent ministration to the religious needs of visitors and the community.
ARTICLE III.
MEMBERS
There shall be no members of the corporation. Management
of the corporation shall be by a Board of Directors who
shall elect successor Directors as hereinafter provided and
according to the by-laws of the corporation.
ARTICLE IV.
BOARD OF DIRECTORS
The direction and management of the corporation shall be
vested in the Board of Directors. The Board shall consist --- --~--~-.-~--= ---.- --;.-
of not less than three nor more than nine persons. Each APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 Director shall be elected at a duly constituted meeting of
the Board of Directors for a term of three years, except in
the case of the initial Board of Directors who shall have
terms of a:ffice as indicated belm.,. Each Director shall
serve his term of office until his successor is duly elected
and quali:fied. A vacancy will be declared on the death,
resignation, or removal of a Director, or upon the disability
of a Director rendering him incapable of participating in
the management of the affairs of the corporation. A vacancy
shall be filled at the next regularly scheduled meeting by
the vote of the Board of Directors. The names and addresses
and the terms of office of the initial Board of Directors
are:
James E. Reed, Jr (3 years) Route 2, Box gSA Eureka Springs, AR 72632
Oellene G. Reed (2 years) Route 2, Box 9SA Eureka Springs, AR 72632
William Jennings Reed (1 year) 2118 w~ 32d Street Pine Bluff, Ar 72601
ARTICLE V.
DISSOLUTION
Upon the dissolution of the corporation, the board of
trustees (Directors) shall, after paying or making provision
for the payment of all of the liabilities of the corporation
dispose of all of the assets of the corporation exclusively
for the purposes of the corporation in such manner, or to
such charitable, educational, religious, literary or scientific
purposes as shall at the time qualify as an exempt organization
or organizations under Section 501 (c) (3) of the Internal
Revenue Code of 1954 ( 26 U.S~C. Sec 501 (c) (3) ), or the
corresponding provision of any future United States Internal
Revenue Law, as the board of trustees (Directors) shall
determine. Any such assets not so disposed of shall be
disposed of by the circuit court of the county in which the
principal office of the corporation is then located, ~7-/11. APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 Page 3 exclusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such purposes.
ARTICLE VI.
DISTRIBUTION OF EARNINGS
No part of the net earnings of the corporation shall inure to the benefit or be distributable to its members, Directors, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compen- sation for services rendered and to make payments and dis- tributions in furtherance of the purposes set forth in
Article II. above. The corporation shall do no act or carry on any activity which shall be cause for the corporation to lose its status as a charitable organization within the meaning of the Internal Revenue Code in effect at the time of the act.
ARTICLE VII.
INCORPORATORS
The name and address of the incorporators are:
James E. Reed, Jr. Rpute 2, Box 9SA Eureka Springs, AR 72632
Dellene G. Reed Route 2, Box 9SA Eureka Springs, AR 72632
WITNESS OUR HANDS AND SEALS this ,2., 9 day of /U1.u,-"j."'-r 1979.
James E. Reed, Jr.
Dellene G. Reed I
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CERTIFICATE OF INCORPORATORS
STATE OF CALIFORNIA COUNTY OF U]{AIH;£;
BE IT REMEMBERED that on this 29 day of NO've:nbe~' , 1979, personally came before me, the undersigned Notary Public, within and for the county and State aforesaid, James E. Reed, Jr. and Dellene G. Reed, parties to the fore going Articles of Incorporation, known to me to be such, and severally acknowledged the same to be the act and deed of the signers respectively, and that the facts therein stated are truly set forth. Given under ~and and seal of office the day and year first above wr tten. I ) ~:\;- ublic
My commission expires on
"" ". -.. , ...... ,...... _; c 0:-:" ., L. :~ · I I,oy r. APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 EXHIBITB AMERICAN INSTITUTE OF ARCHITECTS ARTICLES OF INCORPORATION APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 NOTE: What follows below was typed by the Institute's counsel in this proceeding in the interest ofiegibility. A copy of the original handwritten document is available upon request. th Certificate -New York April 13 _ The undersigned hereby acknowledge that they are all citizens of the United States and of the State of New York and that in compliance with the Act of Incorporation called An act for the incorporation of benevolent. charitable, scientific and missionary societies passed April 12th 1852. they have associated themselves for the purpose of forming a scientific society to be known in Law as The American Institute of Architects. The object of this society is to elevate the architectural profession as such and to perfect its members practically and scientifically. The business of the society should be conducted in the City of New York. The number of Trustees is nine and Richard Upjohn _, Thomas U. Walters, Frederick A. Peterson, John W. Ritch, Richard M. Hunt, Fredrick Diaper, Alexander Davis, Joseph F. Wells and Henry Dudley are to be the Trustees of the society for the first year. [signatures1 City and County of New York. On this thirteenth day of April AD 1857 before me personally came Richard Upjohn, Frederick A. Peterson, John M. Ritch, Alexander J. Davis and Thomas U. Walters to witness to be the same individuals described in and who executed the foregoing instrument and severally acknowledged to me that they executed the same for the purposes therein expressed. Wm. Sinclair C of Deeds I consent to and approve ofthe filing of the within certificate. New York April 13th 1857 TL Roosevelt Justice of the Supreme Court APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 EXHIBITC THE ARKANSAS CHAPTER, THE AMERICAN INSTITUTE OF ARCHITECTS ARTICLES OF INCORPORATION APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 :=DCOPY PI ~~;;IEL?l~~; DlVlSl®r> M;t. l ~D ARTICLES OF INCORPORATION OF Jllfln r 18 11~' THE ARKANSAS CHAPTER, THE AMERICAN INSTtTU~tI(l:> '881' . OF ARCHITECTS ~ 144ie ~ ""f?cvf{jIV/)£/T The undersigned state that on July 22, 1954, John Rauc~ C(~~k ~c: K. E. N. Cole, Guy Swaim, Yandell Johnson, and Frank Erhart filed in the Pulaski County Circuit Court, No. 40781, a Petition to Incorporate The Arkansas Chapter, The American Institute of Architects pursuant to then existing· law, Sections 64-1301 through 64-1312, Ark. Stats. of 1947. Articles of Incorporation were filed and on July 22, 1954 an Order was entered in the said Pulaski County Circuit Court incorporating The Arkansas Chapter, The American Institute of Architects as a mutual benefit association and a body politic. The law under which the corporation was created was repealed by the Arkansas Nonprofit Corporation Act (Ark. Acts 1963, No, 176). The latter Act provided that a corporation existing under prior law could file a certified copy of the court order which created it with the Secretary of State and the filing of such an order would entitle the organization to recognition of its legal status as if formed under the 1963 Act. Ark. Acts of 1973, No. 42 provided that any .corporation existing under the old law which wished to take advantage of the opportunity to have its legal status recognized under the new Act would have to .file with the Secretary of State no later than January 31, 1975. The incorporators of The Arkansas Chapter, The American Insti- tute of Architects and their successors were una''lare of these changes in the law and the original Order dated July 22, 1954 creating the organization was never filed with the Secretary of State. The undersigned file these Articles of Incorporation under the Arkansas Nonprofit Corporation Act (Act 176 of 1963) so that the organization which has continued to exist de facto will be recognized under existing law. First: The name of the corporation shall be The Arkansas Chapter, The American. Institute of Architects. APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 CERTIFIED COpy -2- ;"~;;::~-.- --- Second: The purpose or purposes for which the corporation is organized are (a) To organize and unite in fellowship the arch.itects of the State of Arkansas, to combine their efforts so as to promote the aesthetic, scientific, and practical efficiency of the profession, to advance the science and art of planning and building by advancing the standa.rds of archi tectural education, training and practice; to coordinate the building industry and the profession of architecture to insure the advancement of the living standards of our people through their improved environment; and to make the profession of ever increasing service to society; (b) to receive and hold by gift, bequest, devise, grant, lease or purchase any real or personal property and to invest, use, or dispose of the same for the purposes of this chapter. Third: The period of duration shall be perpetual. Fourth: Regulation of internal affairs. (a) The direction and management of the affairs of this corporation and the control and disposition of this property and funds shall be vested in an executive committee, consisting of duly elected officers and directors, the selection and duties of which are pre scribed in the Bylaws of this corporation. (b) The executive committee shall be entitled to take, hold and administer any securities, funds or property ,,,hieh may be transferred to this corporation for the purposes and objects hereinbefore enumerated, and such other funds or property as may at any time be given, devised, or bequeathed to this corporation~ The executive committee shall have full power to adopt a common seal and to employ such persons as may be deemed necessary in carrying on the business of this corporation at such salaries or other remuneration as the executive committee may think proper; and further, to have full power and discretion to deal with APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 CERTIFIED COpy -3- and expend the income of this corporation in such manner as in their judgment will best promote the objects hereinbefore set forth. (c) The conditions and regulations of membership and the right or other privileges of members of this corporation shall be determined and affixed by the Byla,,/s. (d) No part of the net earnings of the c.orporation shall inure to the benefit of or be distributable to its incorporators, directors, officers, members or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of its purposes as set forth in these Articles. No substantial part of the activities of the corporation shall be attempting to influence legislation, and the corpor.ation shall not participate in, or intervene in (by the publication or distribution or statements or othenlise) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of the-se Articles, the corporation shall not carryon any other activities not permitted to be carried on by (i) a corporation exempt from federal income tax under Section 501 (c) (3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future united States Internal Revenue Code), or (ii) by a corporation, contribu tions to which are deductible under Section l70(c) (2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Code) • (e) In the event that this corporation is in anyone year a I1 private foundation" as defined in Section 509(a) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Code), it shall be required to distribute its income for such taxable year at such time and in such manner as not to APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 CERTIFIED COpy -4- subject the corporation to tax under Section 4942 of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Code); and further shall be prohibited from any act of "self-dealing" as defined in Section 4941(d) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Interna~ Revenue Code); from retaining any "excess business holdings" as defined in Section 4943(c) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Code); and from making any investments in such manner as to subject the corporation to tax under Section 4944 of the Internal Revenue Code of 1954 {or the corresponding provision of any future United States Internal Revenue Code}; and from making any taxable expenditures as defined in Section 4945{d) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Code) . (f) No gift or grant will be accepted if it conta·ins major conditions which would restrict or violate any of the charitable, scientific or educational purposes of the corporation, or if it would require serving private, as opposed to public, interests. (g) Upon the dissolution of the corporation, the Board of Directors, after paying or making provision for the payment of all of the liabilities of the corporation, shall dispose of all of the assets of the corporation exclusively for the charitable purposes of the organization in such manner, or to such organization or organizations, organized and operated exclusively for charitable, scientific, educational or other public interest purposes, as shall at the time qualify as an exempt organization or organizations under Section 501 (c) (3) of the Internal Revenue Code of APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 CERTIFIED COPy -5- -"-- 1954 (or the corresponding provision of any future United States Internal Revenue Code), as the Board of Directors shall determine. Fifth; The principal office of the corporation shall be Gazette Building, Room 304, 3rd and Louisiana Streets, Little Rock, Arkansas, 72203 and the registered agent for service of process at this address is George Nildgen. Sixth: The names and addresses of the persons who are to serve as the Board of Directors until their successors shall be elected and qualified are: NAME ADDRESS David Henderson 212 Center Street Little Rock, AR 72201 John Jarrard 1700 Spring Street Little Rock, AR 72201 "\?, 0, ",jY\itnl6 Or, Steve Kinzler 1'. b. BOX j 19 Little Rock, AR 72203 Don Renshaw 201 South Izard Little Rock, AR 72201 Dick Savage 8500 West Markham Little Rock, AR 72201 Don Spann 1101 \;est Elm Rogers, AR 72756 Charles Witsell 1008 Cumberland Little Rock, AR 72201 Murray Smart School of Architecture University of Arkansas Fayetteville, AR 72701 James Reddick 800 First Nat-ional Bk. Bldg. Fort Smith, AR 72901 Seventh: Names and addresses of each incorQorator are: ':lllON ,(eM" \1"/ CluJ; 13/I,IoL H. Terry Rasco P. O. Box 30i9 Little Rock, AR 72203 Mallory W. Crank One Spring Street Little Rock, AR 72201 Jack F. See 840 Savers Federal Bldg. Little Rock, AR 72201 APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 CERTIFIED COP y -6- =---- DATED May ____ , 1981