Path: \\bmcd kits \Clients\ ENS \GarlandTX \114146_,NG-345-KV\Studies\GeospatiallDataFiles\ArcDocslandowner Letter NR2GW.mxd gacox 5/6/2019 COPYRIGHT © 2019 BURNS & McDONNELL ENGINEERING COMPANY, INC.
Proposed Greasewood Substation Grady evin 0, t,1 '‘ocaci;t6
Proposed Ranch Nevill Road Ballew Switc h
Attachment A Eli Project Endpoint Proposed Consensus Route Consensus Route (k BURNS Nevill Road to Greasewood MCDONNELL- Existing Transmission Line 0 0.5 2 345-kV Transmission Line Project GP&L Consensus Landowner Parcel Boundary Miles Pecos County, Texas Source. ESRI; TNRIS; USDA NAIP (2014); Burns & McDonnell Engineenng Company, Inc Issued, 3/25/2019 PUC Docket No. 49513 Attachment 3 Page 1 of 52
Concho Bluff, LLC — 0 l/25/18
ERCOT STANDARD GENERATION INTERCONNECTION AGREEMENT
Between
Concho Bluff, LLC
and
City of Garland, Texas
20190124 Concno Blurt Solar Project Lic.,:ntereonneetran Agreement - Final 1. 125-2019
201 PIJC Docket No. 49513 Attachment 3 Page 2 of 52
TABLE OF CONTENTS
GENERATION INTERCONNECTION AGREEMENT 2 Ex111BIT "A" - TERMS ANL) CONDITIONS OF THE GENERATION INTERCONNECTION AGREEMENT 5 ARTICLE I. DEFINITIONS ARTICLE 2. TERMINATION ARTICLE 3. REGULATORY FILINGS 8 ARTICLE 4, INTERCONNECTION FACILITIES ENGINEERING. PROCUREMENT .4N1) CONSTRUCTION . 8 ARTICLE 5. FACILITIES AND EQUIPMENT 13 ARTICLE 6, OPER.4T1ON AND AL4INTEN4NCE ARTICLE ", DATA REQUIREMENTS 20 ARTICLE 8. PERFORALANCE OBLIGATION...... ...... 21 ARTICLE 9. INSURANCE 23 ARTICLE 10. MISCELLANEOUS 25 Exiirin"B" - TIME SCHEDIILI: 34 ExliitT "C" - INTERCON?s;ECTION DETAILS 36 EXHIBIT "CI" - INT ERCONNECI ION DETAILS 44 EXHIBIT "C2" - INTERCONNECTION DE [AILS 45 Ext - NOTICE AND EFT INFORMATION 46 EXI HINT E - SECURVIN ARRANGEMENT DETAILS 47
GENERATION INTERCONNECTION AGREEMENT
This Standard Generation Interconnection Agreement is made and entered into this 25 day of January. 2019 (Effective Date"). between The City of Garland. Texas. a Texas home-rule municipality doing business as Garland Power & Light CTransrnission Service Providen and Concho Bluff t, LLC ("GeneratoC). hereinafter individually referred to as "Party," and collectively referred to as "Parties." In consideration of the mutual covenants and agreements herein contained, the Parties hereto agree as follows:
Transmission Service Provider ("TSF) represents that it is a municipally-owned electric utility of the City of Garland, Texas, operating facilities for the transmission and distribution of electricity. Generator represents that it will own and operate the Plant. Pursuant to the terms and conditions of this Agreement. Transmission Service Provider shall interconnect Generator's Plant with Transmission Service Provider's System consistent with the Facilities Study Agreement executed between the Parties on October 25, 2018. and pursuant to the ERCOT generation interconnection request 1 9INR0034.
This Agreement applies only to the Plant and the Parties' interconnection facilities as identified in Exhibits "C", "C l". and "C2".
201RD124 Conch° EMI Solar Project LIC_Intaicannaction Nauman' - Final 1- 225-2019
202 PUC Docket No. 49513 Attachment 3 Page 3 of 52
This Agreement shall become effective on the Effective Date. subject to Govemmental Authority approval, if required, and shall continue in full force and effect until terminated in accordance with Exhibit A.
This Agreement will be subject to the following. all of which are incorporated herein:
A. The "Terms and Conditions of the ERCOT Standard Generation Interconnection Agreemenr attached hereto as Exhibit "A"; B. The ERCOT Requirements (unless expressly stated herein, where the ERCOT Requirements are in conflict with this Agreement, the ERCOT Requirements shall prevai I); C. The PUCT Rules (where the PUCT Rules are in conflict with this Agreement, the PUCT Rules shall prevail): D. The Time Schedule attached hereto as Exhibit "B"; E. The interconnection Details attached hereto as Exhibits "C", "Cl", and "C2"; F. The Notice Information attached hereto as Exhibit "Er; and G. The Security Arrangement Details attached hereto as Exhibit ''E";
zo1so124 Conch° Buft Solar Prof** LLC_Interconnection Agraerrant - Fowl 1.3 25-2019
203 PUC Docket No. 49513 Attachment 3 Page 4 of 52
IN WITNESS WHEREOF, the Parties have executed this Agreement in duplicate originals, each of which shall constitute and be an original effective Agreement between the Parties.
Concho Bluff, LLC City of Garland, Texal
By: Jon Robertson By: Tom
Signature: Signatur
Title: Authorized Re resentative Title: 6 oo
Date: 1-252019 Date: 2011
20190124 Concno MO Solar Project LIC tntersonnecton Agreement Final 1.425-2019
204 PIK Docket No. 49513 Attachment 3 Page 5 of 52
Exhibit "A" Terms and Conditions of the ERCOT Standard Generation Interconnection Agreement
ARTICLE I. DEFINITIONS
Capitalized terms shall have the meanings as set forth below, except as otherwise specified in the Agreement:
1.1 "CCN" shall mean a Certificate of Convenience and Necessity issued by the PUCT.
1.1 "Commercial Operation?' shall mean the date on which Generator declares that the
construction of the Plant has been substantially completed. Trial Operation of the Plant has
been completed, and the Plant is ready for dispatch.
1.3 "Control Area" shall have the meaning ascribed thereto in PUCT Rule 25.5(8) or
its successor.
1.4 "ERCOT" shall mean the Electric Reliability Council of Texas, Inc.
1.5 "ERCOT Requirements" means the ERCOT Operating Guides, ISO Generation
Interconnection Procedures as well as any other documents adopted by the ISO or ERCOT
relating to the interconnection and operation of generators and transmission systems in
ERCOT as amended from time to time, and any successors thereto. Any requirement in
the foregoing documents imposed upon generation entities or generation facilities shall
become the responsibility of the Generator, and any requirements imposed on transmission
providers or transmission facilities shall become the responsibility of the TSP.
1.6 "Facilities Study" shall have the meaning as described in PUCT Rule 25.198(g) or
its successor.
1.7 "Facilities Study Agreement?' shall mean an agreement executed by the Parties
relating to the performance of the Facilities Study.
20190124 Conetio Buff Solir Propecl LIC_Interconnecton Agreernant • nrial 1- 525-2019
205
PUC Docket No. 49513 Attachment 3 Page 6 of 52
1.8 "GIF" shall mean Generators interconnection facilities as described in Exhibit
"C."
1.9 "Good Utility Practice shall have the meaning described in PUCT Rule 25.5(23)
or its successor.
1.10 "Govemmental Authority(ies). shall mean any federal, state, local or municipal
body having jurisdiction over a Party.
1.11 "In-Service Date shall be the date, as reflected in Exhibit "B," that the TIF will be
ready to connect to the GIF.
1.12 "ISO" shall mean the ERCOT Independent System Operator.
1.13 "Plant" shall mean the electric generation facility owned and operated by the
Generator, as specified in Exhibit C.
1.14 "Point of Interconnection" shall mean the location(s) where the G1F connects to the
TIF as negotiated and defined by the Parties and as shown on Exhibit "C" of this
Agreement.
1.15 "PUCT" shall mean the Public Utility Commission of Texas.
1.16 "PUCT Rules" shall mean the Substantive Rules of the PUCT.
1.17 "Reasonable Efforts" shall mean the use of Good Utility Practice and the exercise
of due diligence (pursuant to PUCT Rule 25.196(e)).
1.18 "System Protection Equipment" shall mean those facilities located within the TIF
and the G1F as described in Section 5.6 and Exhibit C.
1.19 "System Security Study" shall have the meaning as described in PUCT Rule
25.198(f) or its successor.
20190124 Candor; glutl Sam Prolect LLC_Intercornectron Agreement . Fatal 1-625-2019
206 PUC Docket No. 49513 Attachment 3 Page 7 of 52
1.20 "TCOS" shall mean the TSP's transmission cost of service as allowed by the applicable Governmental Authority.
1.2 I "TIF" shall mean the TSP's interconnection facilities as described in Exhibit "C" to this Agreement.
1.22 "Trial Operation" shall mean the process by which the Generator is engaged in on- site test operations and commissioning of the Plant prior to Commercial Operation.
1.23 "TSP" shall mean the Transmission Service Provider.
1.24 "TSP System'. shall mean the electric transmission facilities, including the T1F. and all associated equipment and facilities owned and!or operated by the TSP.
ARTICLE 2. TERMINATION
/. I Termination Procedures. This Agreement may be terminated as follows:
A. the Generator may terminate this Agreement after giving the TSP thirty (30) days advance written notice; or
B. the TSP may terminate this Agreement (subject to Governmental Authority approval. if required) on written notice to the Generator if the Generator's Plant has not achieved Commercial Operation within one year after the scheduled Commercial
Operation date reflected in Exhibit "B"; or
C. either Party may terminate this Agreement in accordance with Section 10.6.
/./ Termination Costs. If a Party elects to terminate the Agreement pursuant to Section
2.1 above, the Generator shall pay all costs incurred (or committed to be incurred) by TSP, as of the date of the other Party's receipt of such notice of termination, that are the responsibility of the Generator under this Agreement. in the event of termination by either
Party, both Parties shall use commercially reasonable efforts to mitigate the damages and
20190124 Comm $olar Prcject LLC_Interconnectert Agmarrenl Fmal 1- 725-2019
207 PUC Docket No. 49513 Attachrnent 3 Page 8 of 52
charges that they may incur as a consequence of termination. The provisions of the
Sections 2.2 and 2.3 shall survive termination of the Agreement.
/.3 Disconnection. Upon termination of this Agreement, the Parties will disconnect the GlF from the TIF.
ARTICLE 3. REGULATORY FILINGS
3.1 Filing. The TSP shall file this executed Agreement with the appropriate
Governmental Authority, if required. Any portions of this Agreement asserted by
Generator to contain competitively sensitive commercial or financial information shall be filed by the TSP identified as "confidential" under seal stating. for the TSP's showing of good cause, that Generator asserts such information is confidential information and has requested such filing under seal. If requested by the TSP, Generator shall provide the TSP. in writing, with the Generator's basis for asserting that the information referred to in this
Section 3.1 is competitively sensitive information, and the TSP may disclose such writing to the appropriate Governmental Authority.
3.7 Regulatory Approvals. Unless exempt, the TSP shall timely request ISO and all regulatory approvals necessary for it to carry out its responsibilities under this
Agreement. Such approvals shall include any CCN required for the construction of the
TIF.
ARTICLE 4. INTERCONNECTION FACILITIES ENGINEERING, PROCUREMENT, AND CONSTRUCTION
4.1 Options. The Generator shall select one of the following options (subsection A or subsection B) and include the selected option in Exhibit "B" for completion of the TIF:
20190124 Combo Buif 5ciar Propel UC Aproarner4. Finat g25-2019
208 PIK Docket No. 49513 Attachment 3 Page 9 of 52
A. The TSP shall design, procure, and construct the TIF, using Reasonable
Efforts to complete the TIF by the In-Service Date reflected in Exhibit B. The TSP will utilize its own resources and will contract for additional resources, as reasonably necessary, to rneet the In-Service Date. Such resources shall include, as the TSP believes is reasonable, use of other contractors, other equipment suppliers. other material suppliers. additional contract personnel, additional payments to contractors for expedited work. and premiums paid to equipment and material suppliers for expedited delivery. The TSP shall not be required to undertake any initiative which is inconsistent with its standard safety practices, its material and equipment specifications, its design criteria and construction procedures, its labor agreements, applicable laws and regulations, and ERCOT Requirements, In the event the TSP reasonably expects that it will not be able to complete the T1F by the In-
Service Date. the TSP will promptly provide written notice to the Generator and will undertake Reasonable Efforts to meet the earliest date thereafter,
B. (i) The TSP shall design. procure. and construct the TIF by the In-Service
Date reflected in Exhibit B. The Parties acknowledge that the In-Service Date was either agreed upon through good faith negotiations or designated by the Generator upon failure of the Parties to agree. In the process of negotiating the In-Service Date, Generator will request a date upon which it reasonably expects it will be ready to begin use of the TIF and upon which it reasonably expects to begin doing so. Any date designated by the Generator shall in no event be less than fifteen rnonths from the date that all conditions of Sections 4.2 and
4.3 have been satisfied. The designated In-Service Date will be extended day for day for each day that the ISO refuses to grant clearances to install equipment. If the TSP fails to
20190124 Concha Bluff &tar Propct LLC_Interconnecton Acirsemiont -Frnal 1.925-2019
209 PUC Docket No. 49513 Attachment 3 Page 10 of 52
complete the TIF by the In-Service Date reflected in Exhibit 13," the TSP shall pay the
Generator liquidated damages in accordance with this Section 4.1.B.
(ii) The Parties agree that actual damages to the Generator, in the event the T1F
arc not completed by the In-Service Date, may include Generators fixed operation and
maintenance costs and lost opportunity costs. Such actual damages are uncertain and
impossible to determine at this time. The Parties agree that, because of such uncertainty,
any liquidated damages paid by the TSP to the Generator shall be an amount equal to 1/2 of
I% of the actual cost of the TIF, per day. 1-lowever, in no event shall the total liquidated
damages exceed 20% of the actual cost of the T1F. The Parties agree that such liquidated
damages are less than the Generator's actual damages. The Parties agree that the foregoing
payments will be made by the TSP to the Generator as just compensation for the damages
caused to the Generator, which actual damages are uncertain and impossible to determine
at this time, and as reasonable liquidated damages, but not as a penalty or a method to
secure perforrnance of this Agreement.
(iii) The TSP shall apply to have the full costs of the TIF included in TCOS. If
the PUCT issues a final, appealable order excluding from TCOS any portion of the TIF
costs. including higher contractor and vendor costs due to liquidated damage provisions in
those contracts and insurance costs to cover liquidated damages, which -costs may have
been reasonably incurred but which the PUCT finds should not be recovered through
TCOS. the Generator shall reimburse the TSP for such costs in an amount not to exceed
the difference between the TSP's estimate of the cost of the T1F under section 4.1 .A and
the TSP's estimate of the cost of the TIF under Section 4.1 .B as reflected in Exhibit C.
Such costs shall be estimated using Good Utility Practice.
20190124 Concha Stitt Saw Rood Llcintsrsonnazon Agreemenl- Final 01-25.2019
210 PUC Docket No. 49513 Attachment 3 Page 11 of 52
(iv) No liquidated damages shall be paid to Generator if the Generator is not ready to commence use of the TIF for the delivery of power to the Plant for Trial Operation or export of power from the Plant on the In-Service Date, unless the Generator would have been able to commence use of the TIF for the delivery of power to the Plant for Trial
Operation or export of power from the Plant but for TSP's delay.
(v) If the In-Service Date has been designated by the Generator upon a failure of the Parties to agree on the In-Service Date, the TSP may, at its option, require the
Generator to subcontract with the TSP for all or part of the design. procurement and construction of the TIF in accordance with the TSP's standard subcontractor agreements.
In such event, the TSP shall be subject to the payment of liquidated damages to the
Generator only if the In-Service Date is not met solely due to the TSP's failure to complete the portion of the TIF for which the TSP has retained responsibility. It is the intent of this subsection to give the TSP full control of the contents and quality of the TIF. To the extent the Generator acts as a subcontractor to the TSP, the following will apply: 1) The
Generator shall engineer, procure equipment. and construct the TIF (or portions thereof)
using Good Utility Practice and using standards and specifications provided in advance by the TSP; 2) In its engineering, procurement and construction of the TIE, the Generator shall comply with all requirements of law to which the TSP would be subject in the engineering,
procurement or construction of the TIF; 3) The TSP shall review and approve the engineering design. acceptance tests of equipment. and the construction of the TIF; 4) The
TSP shall have the right to approve and accept for operation the T1F in accordance with
the standards and specifications provided in advance by the TSP, such approval and acceptance shall not be unreasonably withheld. conditioned. or delayed; 5) Should any
20190124 Corr-ho Blull Solar PrOACt U.C_Iraarconnacton Apraamanl - F nal 1 11-25-201a
211 PIK Docket No. 49513 Attachment 3 Page 12 of 52
phase of the engineering, equipment procurement, or construction of the TIF, including selection of subcontractors. not meet the standards and specifications provided by the TSP. and therefore be deemed unacceptable. then the Generator shall be obligated to remedy that portion of the T1F or selection of subcontractors that is deemed unacceptable, the TSP's approval of the Generator's selection of subcontractors will not be unreasonably withheld, conditioned or delayed; and 6) Once the TIF is accepted for operation by the TSP. then the TSP shall reimburse the Generator for the reasonable and necessary costs incurred by the Generator to complete the T1F, not to exceed the amount specified in the subcontract.
Such reimbursement shall be made within thirty days after receipt of the invoice. unless otherwise agreed to by the Parties.
4.2 Equipment Procurement. If responsibility for construction of the TIF is borne by the TSP. then the TSP shall commence design of the TIF and procure necessary equipment within a reasonable time after all of the following conditions are satisfied:
A. The TSP has completed the Facilities Study pursuant to the Facilities Study
Agreement;
B. The TSP has received written authorization to proceed with design and procurement from the Generator by the date specified in Exhibit "Iir; and
C. The Generator has provided security to the TSP in accordance with Section
8.3 by the dates specified in Exhibit B.
4.3 Construction Commencement. The TSP shall commence construction of the TIF as soon as practicable after the following additional conditions are satisfied:
A. Approval of the appropriate Governmental Authority has been obtained for any facilities requiring regulatory approval;
20190124 Candle Ekr Sdar Propea LLC_Indercannetaan Apreamen F nal 111.25,M19
212 PUC Docket No. 49513 Attachment 3 Page 13 of 52
B. Necessary real property rights, if any, have been obtained;
C. The TSP has received written authorization to proceed with construction from the Generator by the date specified in Exhibit "B"; and
D. The Generator has provided security to the TSP in accordance with
Section 8.3 by the dates specified in Exhibit B.
4.4 Work Proaress. The Parties will keep each other advised periodically as to the progress of their respective design, procurement and construction efforts. lf, at any time, the Generator becomes aware that the completion of the TIF will not be required until after the specified In-Service Date, the Generator will promptly provide written notice to the
TSP of a new, later In-Service Date.
4.5 Conditions Precedent Delay. To the extent this Agreement incorporates a specified
In-Service Date and the Generator fails to satisfy conditions precedent under Sections 4.2 and 4.3 so that the TSP may meet the In-Service Date, the Parties will negotiate in good faith to establish a new schedule for completion of the TIF.
ARTICLE 5. FACILITIES AND EQUIPMENT
5.1 information Exchange. The Parties shall exchange information and mutually agree upon the design and compatibility of the Parties interconnection facilities. The Parties shall work diligently and in good faith to make any necessary design changes to ensure compatibility of the GIF to the TSP System.
5.2 GIF Construction. Generator agrees to cause the G1F to be designed and constructed in accordance with Good Utility Practice, ERCOT Requirements and the National
Electrical Safety Code in effect at the time of construction. Within one-hundred and twenty
(120) days after Commercial Operation. unless the Parties agree on another mutually
20180124 Conch* Blutt Solar Pro7ecl LI.C_IMerconnezeen Agreement - final 131.25.2D19
213 RUC Docket No. 49513 Attachment 3 Page 14 of 52
acceptable deadline, the Generator shall deliver to the TSP the following "as-built"
drawings. information and documents for the GIF: a one-line diagram, a site plan showing
the Plant and the G1F, plan and elevation drawings showing the layout of the GIF, a relay
functional diagram, relaying AC and DC schematic wiring diagrams and relay settings for
all facilities associated with the Generator's main-power transformers, the facilities
connecting the Generator to the main power transformers and the G1F. and the impedances
(determined by factory tests) for the associated main power transformers and the
generators.
5.3 TIF Construction. The TSP agrees to cause the TIF to be designed and constructed
in accordance with Good Utility Practice, ERCOT Requirements and the National
Electrical Safety Code in effect at the time of construction.
5.4 Equipment Changes. For facilities not described in Exhibit C. if either Party
makes equipment changes to the Plant. the GIF, the TIF or the TSP System which it knows
will affect the operation or performance of the other Party's interconnection facilities. the
Parties agree to notify the other Party, in writing. of such changes. Such changes shall be
made in accordance with ERCOT Requirements and coordinated between the Parties.
5.5 Metering. Telemetry and Communications Requirements.
A. Metering and telemetry of data will be accomplished in accordance with
ERCOT Requirements. The specific metering, telemetry and communications equipment
to be installed and data to be teiemetered are described in Exhibit C.
201 90 1 24 Concha EMI Solw Proosa LLC _Intent:omen= Agrownent • F nil 141-254019
214 PUC Docket No. 49513 Attachment 3 Page 15 of 52
B. At the Point of Interconnection, the metering and telemetry equipment shall be owned by the TSP. However. the TSP shall provide the Generator with metering and telemetry values in accordance with ERCOT Requirements.
C. A minimum set of inputs to the telemetry equipment are specified in Exhibit
C. Additional sets of inputs may be subsequently mutually agreed upon.
D. The TSP win notify the Generator at least five (5) working days in advance of any planned maintenance, inspection, testing, or calibration of the metering equipment, unless otherwise agreed to in writing. The Generator. or its designated representative. shall have the right to be present for these activities and to receive copies of any documents related to the procedures and results.
E. Prior to the connection of the GIF to the TIF. acceptance tests will be performed by the owning Party to ensure the proper functioning of all metering, telemetry and communications equipment associated with the Point of Interconnection and both
Parties interconnection facilities, and to verify the accuracy of data being received by the
TSP, the Control Area(s) in which the Plant and the TSP are located and the Generator.
All acceptance tests will be performed consistent with ERCOT Requirements.
F. The TSP shall, in accordance with Good Utility Practice and ERCOT
Requirements, specify communications facilities. including those necessary to transmit data from the metering equipment to the TSP, that are necessary for the effective operation of the Plant and the G1F with the TSP System. Such communication facilities shall be included in Exhibit C. The Generator shall make arrangements to procure and bear the cost of such facilities.
nom. Combo Buff Soler Propdll.C_Interconnecton Plreement .M/14 151-254419
215 PUC Docket No. 49513 Attachment 3 Page 16 of 52
G. Any changes to the meters, telemetry equipment, voltage transformers, current transformers, and associated panels, hardware. conduit and cable, which will affect the data being received by the other Party must be mutually agreed to by the Parties.
H. Each Party will promptly advise the other Party if it detects or otherwise learns of any metering. telemetry or communications equipment errors or malfunctions that require the attention and/or correction by the other Party. The Party owning such equipment shall correct such error or malfunction as soon as reasonably feasible in accordance with ERCOT Requirements.
5.6 System Protection and Other Controls Requirements.
A. Each Party's facilities shall be designed to isolate any fault, or to correct or isolate any abnormality. that would negatively affect the other Party's system or other entities connected to the TSP System.
B. The Generator shall be responsible for protection of its facilities consistent with ERCOT Requirements.
C. Each Party's protective relay design shall incorporate the necessary test switches to perform the tests required in Section 5.6.F. The required test switches will be placed such that they allow operation of lockout relays while preventing breaker failure schemes from operating and causing unnecessary breaker operations and tripping the
Generator's units.
D. Recording equipment shall be installed to analyze all system disturbances
in accordance with ERCOT Requirements.
E. Each Party will test, operate and maintain System Protection Equipment in accordance with ERCOT Requirements. Each Party will provide reasonable notice to the
20190124 Conche DuNSalw Protect 1.1.C_Inlercannembon Agreemenl-Fr1161.25-2019
216 PM Docket No. 49513 Attachment 3 Page 17 of 52
other Party of any testing of its System Protection Equipment allowing such other Party the opportunity to have representatives present during testing of its System Protection
Equipment.
F. Prior to the In-Service Date, and again prior to Commercial Operation, each
Party or its agent shall perform a complete calibration test and functional trip test of the
System Protection Equipment. At intervals suggested by Good Utility Practice or at intervals described in the ERCOT Requirements if so defined therein, and following any apparent malfunction of the System Protection Equipment, each Party shall perform both calibration and functional trip tests of its System Protection Equipment. These tests do not require the tripping of any in-service generation unit. These tests do, however, require that all protective relays and lockout contacts be activated.
5.7 No Annexation. Any and all equipment placed on the premises of a Party shall be
and remain the property of the Party providing such equipment regardless of the
mode and manner of annexation or attachment to real property. unless otherwise
mutually agreed by the Parties.
ARTICLE 6. OPERATION AND MAINTENANCE
6.1 Operation and Maintenance of Interconnection Facilities. The Parties agree to operate and maintain their systems in accordance with Good Utility Practice, National
Electrical Safety Code, the ERCOT Requirements. PUCT Rules and all applicable laws and regulations. Subject to any necessary ISO approval, each Party shall provide necessary
equipment outages to allow the other Party to perform periodic maintenance, repair or
replacement of its facilities. Such outages shall be scheduled at mutually agreeable times,
201g0T24 Candle eiutt Sax Protect LLti....MMemonneetion Agreement - 9Iflal I 71.254019
217 PUC Docket No. 49513 Attachment 3 Page 18 of 52
unless conditions exist which a Party believes, in accordance with Good Utility Practice, may endanger persons or property. No changes will be made in the normal operation of the Point of Interconnection without the mutual agreement of the Parties except as otherwise provided herein. All testing of the Plant that affects the operation of the Point of Interconnection shall be coordinated between the TSP. the Control Area(s) in which the
Plant and the TSP are located. and the Generator and will be conducted in accordance with
ERCOT Requirements.
6.1 Control Area Notification. At least six months before Trial Operation, the
Generator shall notify the TSP in writing of the Control Area in which it will be located.
If the Generator elects to be located in a Control Area other than the Control Area in which the TSP is located, all necessary agreements. including but not limited to remote control area generator interchange agreements, if applicable. and appropriate measures under such agreements, shall be executed and implemented prior to the placement of the Plant in the other Control Area. The Parties will diligently cooperate with one another to enable such agreements to be executed and implemented on a schedule necessary to meet the Trial
Operation date specified in Exhibit B.
6.3 Land Riahts and Easements. Terms and conditions addressing the rights of the TSP and the Generator regarding any facilities located on the other Party's property shall be addressed in a separate, duly executed and recorded easement agreement between the
Parties. Prior to Commercial Operation, the Parties will mutually agree upon procedures to govern access to each other's property as necessary for the Parties to fulfill their obligations hereunder.
6.4 Service Interruption. The Parties recognize that the interruption of service
20190124 Corcito Butt Sots: Promo LLC Interconnect:ton Agreement - F j 81-25-2019
218
PUC Docket No. 49513 Attachment 3 Page 19 of 52
provisions of the PUCT Rules give TSP the right to disconnect the TSP System from the
Plant under the conditions specified therein. The Generator will promptly disconnect the
Plant from the TSP System when required by and in accordance with the PUCT Rules and
ERCOT Requirements.
6.5 Switching and Clearance.
A. Any switching or clearances needed on the TIF or the GIF will be done in
accordance with ERCOT Requirements.
B. Any switching and clearance procedure necessary to comply with Good
Utility Practice or ERCOT Requirements that may have specific application to the Plant
shall be addressed in Exhibit C.
6.6 Start-Up and Synchronization. Consistent with ERCOT Requirements and the
Parties* mutually acceptable procedure. the Generator is responsible for the proper
synchronization of the Plant to the TSP System.
6.7 Routine Operational Communications. On a timely basis. the Parties shall
exchange all information necessary to comply with ERCOT Requirements.
6.8 Blackstart Operations. If the Plant is capable of blackstart operations. Generator
will coordinate individual Plant start-up procedures consistent with ERCOT Requirements.
Any .blackstart operations shall be conducted in accordance with the blackstart criteria
included in the ERCOT Requirements and the TSP Blackstart Plan on file with the ISO.
Notwithstanding this section. the Generator is not required to have blackstart capability by
virtue of this Agreement. If the Generator will have blackstart capability. then Generator
shall provide and maintain an emergency communication system that will interface with
the TSP during a blackstart condition.
20190124 Cortcho Buff Solar Propol LLC_Iniarcarinacbon kipaemenl - Roal 191-25-20IS
219 PM Docket No. 49513 Attachment 3 Page 20 of 52
6.9 Power System Stabilizers. The Generator shall procure, install, maintain and operate power system stabilizers if required to meet ERCOT Requirements and as described in Exhibit C.
ARTICLE 7. DATA REQUIREMENTS
7.1 Data Acquisition. The acquisition of data to realistically simulate the electrical behavior of system components is a fundamental requirement for the development of a reliable interconnected transmission system. Therefore, the TSP and the Generator shall be required to submit specific information regarding the electrical characteristics of their respective facilities to each other as described below in accordance with ERCOT
Requirements.
7.2 Initial Data Submission by TSP. The initial data submission by the TSP shall occur no later than 120 days prior to Trial Operation and shall include transmission system data necessary to allow the Generator to select equipment and meet any system protection and stability requirements.
7.3 Initial Data Submission bv Generator. The initial data submission by the Generator, including manufacturer data, shall occur no later than 90 days prior to the Trial Operation and shall include a completed copy of the following forms contained in the ISO's
Generation Interconnection Procedure: ( I) Plant DescriptioniData and (2) Generation
Stability Data. It shall also include any additional data provided to the ISO for the System
Security Study. Data in the initial submissions shall be the most current Plant design or expected performance data. Data submitted for stability models shall be compatible with the ISO standard models. If there is no compatible model. the Generator will work with an ISO designated consultant to develop and supply a standard model and associated data.
20190124 Concho Run Solar Protect 1.1.C_Inlerconnecion Agra•mtnt • Fetal ot-25-2019
220 PUC Docket No. 49513 Attachment 3 Page 21 of 52
7.4 Data Supplementation. Prior to Commercial Operation, the Parties shall supplement their initial data submissions with any and all "as-builr Plant data or "as- tested" performance data which differs from the initial submissions or, alternatively,
written confirmation that no such differences exist. Subsequent to Commercial Operation,
the Generator shall provide the TSP any data changes due to equipment replacernent,
repair, or adjustment. The TSP shall provide the Generator any data changes due to equipment replacement, repair, or adjustment in the directly connected substation or any adjacent TSP-owned substation that may affect the GIF equipment ratings, protection or
operating requirements. The Parties shall provide such data no later than 30 days after the
date of the actual change in equipment characteristics. Also, the Parties shall provide to
each other a copy of any additional data later required by the ISO concerning these
facilities.
7.5 Data Exchange. Each Party shall furnish to the other Party real-time and forecasted
data as required by ERCOT Requirements. The Parties will cooperate with one another in
the analysis of disturbances to either the Plant or the TSP's System by gathering and
providing access to any information relating to any disturbance, including information
from oscillography. protective relay targets. breaker operations and sequence of events
records.
ARTICLE 8. PERFORMANCE OBLIGATION
8. l Generator's Cost Responsibility. The Generator will acquire. construct. operate,
test, maintain and own the Plant and the GIF at its sole expense. In addition, the Generator
may be required to make a contribution in aid of construction in the amount set out in and
for the facilities described in Exhibit C. if an,,, in accordance with PUCT Rules.
20190124 Ccncreo efirlf Ws' Pralect LLC_b nection Agroomant .km1 111-25-2019
221 PUC Docket No. 49513 Attachment 3 Page 22 of 52
8.2 TSP's Cost Responsibility. The TSP will acquire, own, operate, test, and maintain the TIF at its sole expense, subject to the provisions of Section 4.1 .B and the contribution in aid of construction provisions of Section 8.1 of this Agreement.
8.3 Financial Security Arrangements. The TSP may require the Generator to pay a reasonable deposit or provide another means of security, to cover the costs of planning, licensing, procuring equipment and materials, and constructing the TIF. The required security arrangements shall be specified in Exhibit E. Within five business days after the Plant achieves Commercial Operation with respect to the applicable Phase. the TSP shall return the deposit or security to the Generator relating to such Phase. However. the
TSP may retain an amount to cover the incremental difference between the TSP's actual out of pocket costs associated with the choice of Section 4.1.B over Section 4.1.A, pending a final PUCT Order as contemplated in Section 4.1.B(iii). If the Plant has not achieved
Commercial Operation within one year after the scheduled Commercial Operation date identified in Exhibit -13- or if the Generator terminates this Agreement in accordance with
Section 2.1 and the T1F are not required, the TSP may. subject to the provisions of Section
2.2, retain as much of the deposit or security as is required to cover the costs it incurred in planning. licensing, procuring equipment and materials. and constructing the TIF. If a cash deposit is made pursuant to Exhibit E. any repayment of such cash deposit shall include interest at a rate applicable to customer deposits as established from time to time by the PUCT or other Governmental Authority.
201901N Cortchol310 Saw Protea LLCpatirconnocbm Agieerreni -
222 PUC Docket No. 49513 Attachment 3 Page 23 of 52
ARTICLE 9. INSURANCE
9.1 Each Party shall, at its own expense, maintain in force throughout the period of this
Agreement and until released by the other Party the following minimum insurance coverages, with insurers authorized to do business in Texas:
A. Employers Liability and Worker's Compensation Insurance providing statutory benefits in accordance with the laws and regulations of the State of Texas. The minimum limits for the Employer's Liability insurance shall be One Million Dollars
($1.000,000) each accident bodily injury by accident, One Million Dollars ($1.000,000) each employee bodily injury by disease, and One Million Dollars ($1.000,000) policy limit bodily injury by disease.
B. Commercial General Liability Insurance including premises and operations, personal injury, broad form property damage. broad form blanket contractual liability coverage (including coverage for the contractual indemnification) products and cornpleted operations coverage. coverage for explosion. collapse and underground hazards. independent contractors coverage, coverage for pollution to the extent normally available and punitive damages to the extent normally available and a cross liability endorsement, with minimum limits of One Million Dollars ($1,000,000) per occurrence/One Million
Dollars ($1,000.000) aggregate combined single limit for personal injury, bodily injury, including death and property damage.
C. Comprehensive Automobile Liability Insurance for coverage of owned, non-owned and hired vehicles, trailers or semi-trailers designed for travel on public roads, with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, including death. and property damage.
20190124 Concha SW Solar ProlealL1C_Inauconnecaon Agreemera F nal 231-25-2M9
223 PUC Docket No. 49513 Attachment 3 Page 24 of 52
D. Excess Public Liability Insurance over and above the Employer's Liability,
Commercial General Liability and Comprehensive Automobile Liability Insurance coverage, with a minimum combined single limit of Twenty Million Dollars ($20.000,000) per occurrence/Twenty Million Dollars ($20,000,000) aggregate.
E. The Commercial General Liability Insurance. Comprehensive Automobile
Liability Insurance. and Excess Public Liability Insurance polices shall name the other
Party, its parent, associated and affiliated companies and their respective directors, officers, agents, servants and ernployees ("Other Party Group") as additional insured. All policies shall contain provisions whereby the insurers waive all rights of subrogation in accordance with the provisions of this Agreement against the Other Party Group and provide thirty
(30) days advance written notice to Other Party Group prior to anniversary date of cancellation or any material change in coverage or condition.
F. The Commercial General Liability Insurance, Comprehensive Automobile
Liability Insurance and Excess Public Liability Insurance policies shall contain provisions that specify that the policies are primary and shall apply to such extent without consideration for other policies separately carried and shall state that each insured is provided coverage as though a separate policy had been issued to each, except the insurers liability shall not be increased beyond the amount for which the insurer would have been
liable had only one insured been covered. Each Party shall be responsible for its respective deductibles or retentions.
G. The Commercial General Liability Insurance, Comprehensive Automobile
Liability Insurance and Excess Public Liability Insurance policies. if written on a Claims
First Made basis, shall be maintained in full force and effect for two (2) years after
20 190124 Concno Buft Solar Propel LIZ lnlercanneaton Agreement - Final 141.25-2019
224 PUC Docket No. 49513 Attachment 3 Page 25 of 52
termination of this Agreement, which coverage rnay be in the forrn of tail coverage or extended reporting period coverage if agreed by the Parties.
H. The requirements contained herein as to the types and limits of all insurance to be maintained by the Parties are not intended to and shall not in any manner, limit or qualify the liabilities and obligations assumed by the Parties under this Agreement.
1. Within ten (10) days following execution of this Agreement. and as soon as practicable after the end of each fiscal year or at the renewal of the insurance policy and in any event within ninety (90) days thereafter, each Party shall provide certification of all insurance required in this Agreement. executed by each insurer or by an authorized representative of each insurer.
J. Notwithstanding the foregoing. each Party may self-insure to the extent it maintains a self-insurance program; provided that. such Party's senior secured debt is rated at investment grade. or better, by Standard & Poor's. For any period of time that a Party's senior secured debt is unrated by Standard & Poor's or is rated at less than investment grade by Standard & Poor's, such Party shall comply with the insurance requirements applicable to it under Sections 9.1.A through 9.1.1. in the event that a Party is permitted to self-insure pursuant to this Section 9.1.J. it shall not be required to comply with the insurance requirements applicable to it under Sections 9.1.A through 9.1.1.
K. The Parties agree to report to each other in writing as soon as practical all accidents or occurrences resulting in injuries to any person, including death, and any property damage arising out of this Agreement.
ARTICLE 10. MISCELLANEOUS
I 0.1 Governine Law and Applicable Tariffs.
20190124 Concha OW &iv Propct LLC_Iriterccrtnacaon Aveerniti -An* 5 1-25-2419
225 PUC Docket No. 49513 Attachment 3 Page 26 of 52
A. This Agreement for all purposes shall be construed in accordance with and governed by the laws of the State of Texas. excluding conflicts of law principles that would refer to the laws of another jurisdiction. The Parties submit to the jurisdiction of the federal and state courts in the State of Texas.
B. This Agreement is subject to all valid, applicable rules, regulations and orders of, and tariffs approved by. duly constituted Governmental Authorities.
C. Each Party expressly reserves the right to seek changes in, appeal, or otherwise contest any laws, orders. rules. or regulations of a Governmental Authority.
10.2 No Other Services. This Agreement is applicable only to the interconnection of the
Plant to the TSP System at the Point of Interconnection and does not obligate either Party to provide, or entitle either Party to receive, any service not expressly provided for herein.
Each Party is responsible for making the arrangements necessary for it to receive any other service that it may desire from the other Party or any third party. This Agreement does not address the sale or purchase of any electric energy, transmission service or ancillary services by either Party. either before or after Commercial Operation.
10.3 Entire Agreement. This Agreement, including all Exhibits. Attachments and
Schedules attached hereto, constitutes the entire agreement between the Parties with reference to the subject matter hereof, and supersedes all prior and contemporaneous understandings or agreements, oral or written, between the Parties with respect to the subject matter of this Agreement. There are no other agreements, representations, warranties, or covenants which constitute any part of the consideration for, or any condition to, either Party's compliance with its obligations under this Agreement. Notwithstanding
20190124 Comte Bal Sow Prood U.C_Irdarconoecban Agreement - Fool 161-2S-2219
226 PUC Docket No. 49513 Attachment 3 Page 27 of 52
the other provisions of this Section, the Facilities Study Agreement, if any, is unaffected by this Agreement.
10.4 Notices. Except as otherwise provided in Exhibit "D,'' any formal notice, demand or request provided for in this Agreement shall be in writing and shall be deemed properly served, given or made if delivered in person, or sent by either registered or certified mail, postage prepaid, ovemight mail or fax to the address or number identified on Exhibit "D" attached to this Agreement. Either Party may change the notice information on Exhibit
"IT by giving five business days written notice prior to the effective date of the change.
10.5 Force Majeure.
A. The term "Force Majeure as used herein shall mean any cause beyond the reasonable control of the Party claiming Force tvlajeure. and without the fault or negligence of such Party, which materially prevents or impairs the performance of such Party's obligations hereunder, including but not limited to, storm, flood. lightning, earthquake, fire, explosion. failure or imminent threat of failure of facilities. civil disturbance. strike or other labor disturbance, sabotage, war, national emergency, or restraint by any Governmental
Authority.
B. Neither Party shall be considered to be in Default (as hereinafter defined) with respect to any obligation hereunder (including obligations under Article 4), other than the obligation to pay money when due, if prevented frorn fulfilling such obligation by Force
Majeure. A Party unable to fulfill any obligation hereunder (other than an obligation to pay money when due) by reason of Force Majeure shall give notice and the full particulars of such Force Majeure to the other Party in writing or by telephone as soon as reasonably possible after the occurrence of the cause relied upon. Telephone notices given pursuant
20190124 COnam Blurt Solar PrIgee LLC_Intercrometban Agreement • Full "71-25-2019
227 P1JC Docket No. 49513 Attachment 3 Page 28 of 52
to this Section shall be confirmed in writing as soon as reasonably possible and shall specifically state full particulars of the Force Majeure. the time and date when the Force
Majeure occurred and when the Force Majeure is reasonably expected to cease. The Party affected shall exercise due diligence to remove such disability with reasonable dispatch, but shall not be required to accede or agree to any provision not satisfactory to it in order to settle and terminate a strike or other labor disturbance.
10.6 Default
A. The term "Defaulr shall mean the failure of either Party to perform any obligation in the time or manner provided in this Agreement. No Default shall exist where such failure to discharge an obligation (other than the payment of money) is the result of
Force Majeure as defined in this Agreement or the result of an act or omission of the other
Party. Upon a Default, the non-defaulting Party shall give written notice of such Default to the defaulting Party. Except as provided in Section 10.6.8, the defaulting Party shall have thirty (30) days from receipt of the Default notice within which to cure such Default; provided however, if such Default is not capable of cure within 30 days. the defaulting
Party shall commence such cure within 30 days after notice and continuously and diligently complete such cure within 90 days from receipt of the Default notice; and. if cured within such time, the Default specified in such notice shall cease to exist.
B. If a Default is not cured as provided in this Section, or if a Default is not capable of being cured within the period provided for herein, the non-defaulting Party shall have the right to terminate this Agreement by written notice at any time until cure occurs, and be relieved of any further obligation hereunder and. whether or not that Party terminates this Agreement, to recover frorn the defaulting Party all amounts due hereunder,
20190424 Conao Star Salta Propel LLC Intersormecton Agraernent - Fmal .78145-2019
228 PUC Docket No. 49513 Attachrnent 3 Page 29 of 52
plus all other damages and remedies to which it is entitled at law or in equity. The
provisions of this Section will survive termination of this Agreement.
10.7 Intrastate Operation. The operation of the Plant by Generator shall not cause there
to be a synchronous or an asynchronous interconnection between ERCOT and any other transmission facilities operated outside of ERCOT unless ordered by the Federal Energy
Regulatory Commission under Section 210 of the Federal Power Act. The Parties recognize and agree that any such interconnection will constitute an adverse condition giving the TSP
the right to immediately disconnect the TIF from the GIF, until such interconnection has
been disconnected. The Generator will not be prohibited by this Section from
interconnecting the Plant with facilities operated by the Comision Federal de Electricidad of Mexico, unless such interconnection would cause ERCOT utilities that are not "public
utilities" under the Federal Power Act to become subject to the plenary jurisdiction of the
Federal Energy Regulatory Commission.
10.8 No Third Party Beneficiaries. This Agreement is not intended to and does not
create rights, remedies, or benefits of any character whatsoever in favor of any persons,
corporations, associations, or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties. their successors in interest and. where permitted, their assigns.
10.9 No Waiver. The failure of a Party to this Agreement to insist, on any occasion,
upon strict performance of any provision of this Agreement will not be considered a waiver
of obligations, rights, or duties imposed upon the Parties. Termination or Default of this
Agreement for any reason by the Generator shall not constitute a waiver of the Generator's
20190121 Contho Bull Wit ProAcILLC_Mtarearmimbon Awenineril 191.25-2019
229 PUG Docket No. 49513 Attachment 3 Page 30 of 52
legal rights to obtain an interconnection from the TSP under a new interconnection agreement.
10.10 Headings. The descriptive headings of the various articles and sections of this
Agreement have been inserted for convenience of reference only and are of no significance in the interpretation or construction of this Agreement.
10.11 Multiple Counterparts. This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument.
10.12 Amendment. This Agreement may be amended only upon mutual agreement of the
Parties, which amendment will not be effective until reduced to writing and executed by the Parties.
10.13 No Partnership. This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or liability upon either Party. Neither Party shall have any right, power or authority to enter into any agreement or undertaking for. or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind. the other
Party.
10.14 Further Assurances. The Parties agree to (0 furnish upon request to each other such further information, (ii) execute and deliver to each other such other documents, and (iii) do such other acts and things. all as the other Party may reasonably request for the purpose of carrying out the intent of this Agreement and the documents referred to in this
Agreement. Without limiting the generality of the foregoing, the TSP shall, at the
Generator's expense. when reasonably requested to do so by the Generator at any time after
20190124 Concha Buff Solar Promo LLC_Ireercorerection Agroomar4 Flnai 30145-2019
230 PUC Docket No. 49513 Attachment 3 Page 31 of 52
the execution of this Agreement, prepare and provide such information in connection with this Agreement (including. if available. resolutions. certificates. opinions of counsel or other documents relating to the TSP's corporate authorization to enter into this Agreement and to undertake the obligations set out herein) as may be reasonably required by any potential lender to the Generator under a proposed loan agreement. The TSP will use commercially reasonable efforts to obtain any opinion of counsel reasonably requested by
Generator, but the TSP shall not be in Default of any obligation under this Agreement if the TSP is unable to provide an opinion of counsel that will satisfy any potential lender to the Generator. Specifically. upon the written request of one Party. the other Party shall provide the requesting Party with a letter stating whether or not, up to the date of the letter, that Party is satisfied with the performance of the requesting Party under this Agreement.
10.15 Indemnification and Liability. The indemnification and liability provisions of the
PUCT Rule 25.202(b)(2) or its successor shall govern this Agreement.
10.16 Consequential Damages. OTHER THAN THE LIQUIDATED DAMAGES
HERETOFORE DESCRIBED, IN NO EVENT SHALL EITHER PARTY BE LIABLE
UNDER ANY PROVISION OF THIS AGREEMENT FOR ANY LOSSES. DAMAGES,
COSTS OR EXPENSES FOR ANY SPECIAL, INDIRECT. INCIDENTAL.
CONSEQUENTIAL. OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF PROFIT OR REVENUE, LOSS OF THE USE OF EQUIPMENT, COST
OF CAPITAL. COST OF TEMPORARY EQUIPMENT OR SERVICES, WHETHER
BASED IN WHOLE OR IN PART IN CONTRACT. IN TORT, INCLUDING
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY;
PROVIDED, HOWEVER, THAT DAMAGES FOR WHICH A PARTY MAY BE
20140124 Combo tiartt Solar Prowl LLC_Intenanrmoon AgraelTerit F nal 3 il-25-2019
231 PUC Docket No. 49513 Attachment 3 Page 32 of 52
LIABLE TO THE OTHER PARTY UNDER ANOTHER AGREEMENT WILL NOT BE
CONSIDERED TO BE SPECIAL. INDIRECT. INCIDENTAL. OR CONSEQUENTIAL
DAMAGES HEREUNDER.
10.17 Assignment. This Agreement may be assigned by either Party only with the written consent of the other: provided that either Party may assign this Agreement without the consent of the other Party to any affiliate of the assigning Party with an equal or greater credit rating and with the legal authority and operational ability to satisfy the obligations of the assigning Party under this Agreement: and provided further that the Generator shall have the right to assign this Agreement, without the consent of the TSP. for collateral security purposes to aid in providing financing for the Plant, provided that the Generator will require any secured party, trustee or mortgagee to notify the TSP of any such assignment. Any financing arrangement entered into by the Generator pursuant to this
Section will provide that prior to or upon the exercise of the secured party's, trustees or mortgagee's assignment rights pursuant to said arrangement, the secured creditor. the trustee or mortgagee will notify the TSP of the date and particulars of any such exercise of assignment right(s). Any attempted assignment that violates this Section is void and ineffective. Any assignment under this Agreement shall not relieve a Party of its obligations, nor shall a Party's obligations be enlarged, in whole or in part. by reason thereof. Where required, consent to assignment will not be unreasonably withheld, conditioned or delayed.
10.18 Severability. If any provision in this Agreement is finally determined to be invalid, void or unenforceable by any court having jurisdiction, such determination shall not invalidate, void or make unenforceable any other provision, agreement or covenant of this
20190124 Canciv Mr11 Solar Protect LLC_Intercannecnon Avatenens -Foul 311-25-2019
232
PUC Docket No. 49513 Attachment 3 Page 33 of 52
Agreement; provided that if the Generator (or any third-party, but only if such third-party
is not acting at the direction of the TSP) seeks and obtains such a final determination with
respect to any provision of Section 4.1.B, then none of the provisions of Section 4.1 .B.
shall thereafter have any force or effect and the Parties" rights and obligations shall be
governed solely by Section 4.1.A.
0.19 Comparability. The Parties will comply with all applicable comparability and code
of conduct laws, rules and regulations, as amended from time to time.
10.20 Invoicing and Payment. Unless the Parties otherwise agree (in a manner permitted
by applicable PUCT Rules and as specified in writing in an Exhibit "E- attached hereto),
invoicing and payment rights and obligations under this Agreement shall be governed by
PUCT Rules or applicable Governmental Authority. Invoices shall be rendered to the
paying Party at the address specified on, and payments shall be made in accordance with
the requirements of. Exhibit D.
10.21 Confidentiality.
A. Subject to the exception in Section 10.21.8, any information that a Party
claims is competitively sensitive, commercial or financial information under this
Agreement rConfidential Informatioe) shall not be disclosed by the other Party to any
person not employed or retained by the other Party, except to the extent disclosure is (i)
required by law; (ii) reasonably deerned by the disclosing Party to be required to be
disclosed in connection with a dispute between or among the Parties, or the defense of
litigation or dispute; (iii) otherwise permitted by consent of the other Party. such consent
not to be unreasonably withheld; or (iv) necessary to fulfill its obligations under this
Agreement or as a transmission service provider or a Control Area operator including
20140124 canoe) Soler Prefect LI.C_Mtertorinecteen Agreement - Feted 331-25-201D
233 PUC Docket No. 49513 Attachment 3 Page 34 of 52
disclosing the Confidential Information to the ISO. The Party asserting confidentiality shall notify the other Party in writing of the information it claims is confidential. Prior to any disclosures of the other Party's Confidential Information under this subsection, or if any third party or Governmental Authority makes any request or demand for any of the information described in this subsection. the disclosing Party agrees to promptly notify the other Party in writing and agrees to assert confidentiality and cooperate with the other Party in seeking to protect the Confidential Information from public disclosure by confidentiality agreement, protective order or other reasonable measures.
B. This provision shall not apply to any information that was or is hereafter in the public domain (except as a result of a breach of this provision).
20190124 Concho Re Solar Propel LLC.Inlercornectan Agreement - AM 341-2.5-2019
234 PUC Docket No. 49513 Attachment 3 Page 35 of 52
Exhibit "B" Time Schedule
Interconnection Option chosen by Generator (check one): X Section 4.1.A. or Section 4.I.B
If Section 4.1.B is chosen by Generator, the In-Service Date(s) was determined by (check one): (I) NA good faith negotiations, or (2) NA designated by Generator upon failure to agree.
Date by which Generator must provide written notice to proceed with TSP's CCN application. as specified in Section 4.2.: January 25,2019
Generator must provide written notice to proceed with TSP's transmission line and substation detailed engineering and provide security pursuant to the schedule in Exhibit "E", as specified in Section 4.2.: Any time before CCN Approval or within ten (10) days after CCN Approval
Generator must provide written notice to proceed with site preparation and procurement for the transmission line and substation and provide security pursuant to the schedule in Exhibit E", as specified in Section 4.2: Four (4) months after notice to proceed is received for engineering or as requested by TSP
Generator must provide written notice to proceed with construction for the transmission line and substation and provide security pursuant to the schedule in Exhibit "E", as specified in Section 4.3: Six (6) months after notice to proceed is received for procurenient or as requested by TSP
In-Service Date(s): Five (5) months after notice to proceed for construction
Scheduled Trial Operation Date: XXX XX, 2020
Scheduled Commercial Operation Date: XXX XX, 2020
Due to the nature of the subject of this Agreement, the Parties may mutually agree to change the dates specified in this Exhibit B. If the Parties change the dates specified in Exhibit B. the Parties will reasonably cooperate in good faith to revise the terms of this Agreement. Subject to ERCOT Requirements, such cooperation may include revising the Agreement and Time Schedule in a manner that would permit phased or staggered implementation of the 255 MW of net capacity by more than one generator behind the Point of Interconnection.
Interconnection Agreement
235 PUG Docket No. 49513 Attachment 3 Page 36 of 52
Exhibit "C" Interconnection Details
I ) Name: Concho Bluff LLC (Greasewood Project)
2) Point of Interconnection Location: The Point of Interconnection will be located in Pecos County, TX along the existing North McCamey-Bakersfield 345 kV transmission line, at the approximate location shown in Exhibit "C2". More specifically. the Point of Interconnection shall be the 4-hole pad terminals of the dead end A-frame assembly located in the GIF Substation where the TSr s 345 kV line terminates. (Exhibit "Cl")
3) Delivery Voltage: 345 kV
4) Number and Size of Generating Units ("Plant.): The plant is a solar generation facility with one Point of interconnection to the grid. The nominal Plant rating will be approximately 255 MW of AC power at the Point of Interconnection.
5) Type of Generating Unit: 86 TMEIC photovoltaic (PV) inverters rated at 3.6 MVA each
6) Metering and Telemetry Equipment:
A). The TSP shall, in accordance with ERCOT Requirements and Good Utility Practices, furnish, install, own. operate. inspect. test, calibrate, and maintain ERCOT polled settlement ("EPS") primary and backup metering located at the Transmission Interconnection Facility ("TIF"). The TSP shall use metering accuracy, 345 kV extended range current transformers and 345 kV metering accuracy voltage transformers to accurately measure the generation energy and power delivered to the grid and the auxiliary energy and power consumed through the Point of interconnection. An EPS metering panel containing the primary and backup EPS meters shall be furnished by the TSP and v‘ ill be located in a suitable space in the control building at the T1F. The TSP will be responsible for design, installation, maintenance and testing pursuant to ERCOT Requirements.
B). Generator Remote Terminal Units ("RTUs") shall be furnished by the Generator as part of the GIF and will have dedicated communication port(s) available to provide breaker status. energy and other telemetry data to ERCOT as required by the ERCOT Nodal Operating Guides. In addition. the Generator will provide a dedicated communication port to provide breaker status and other telemetry data to TSP utilizing fiber optic cable installed between the GIF and TIF as listed in Section 11 of this Exhibit C. The Generator is responsible for determining and providing all of its RTU communications needs.
7) Generator Interconnection Facilities: The Generator will provide, at a minimum, the following major equipment for the GIF:
A) A full tension dead-end. 345 kV line structure located at the GIF Substation (Generator shall coordinate the height of this structure, the arrangement of the phases, and the location of the structure with the TSP);
Interconnection Agreement
236 PUC Docket No. 49513 Attachment 3 Page 37 of 52
B) 345 kV slack span from the Generator's full tension dead-end to the TSP's nearest line structure;
C) Generator's interconnection substation including control building, 345kV step-up transformer(s) configured wye-delta-wye, transformer protection package(s), 345 kV circuit breaker(s). 345 kV line disconnect switch, 34.5 kV circuit breakers and power factor correction capacitor banks, as required (Exhibit "Cl '');
D) RTU and communication to provide breakerfswitch status, telemetry and energy data from the GIF to ERCOT;
E) Associated structures, bus work, conductor. connectors, grounding, conduit control cable, foundation work, perirneter fencing, grading/dirt work and any appurtenances necessary for the construction and operation of the GIF.
8) Transmission Service Provider Interconnection Facilities: The TSP will provide, at a minimum, the following major equipment for the TIF:
A) One 345 kV radial circuit of a rating sufficient to supply the Generator(s) output with necessary material to dead-end and connect to GIF's interconnecting structure at the Point of Interconnection. TSP's obligation to procure and construct such 345 kV transmission line is contingent upon the CCN application for the 345 kV transrnission line not having any intervention or objection filed by a party. such that the PUCT can approve the CCN administratively or N% ilhout an evidentiary hearina or extended delay.
B) One 345 kV switching station with sufficient terminals to accommodate interconnections with the Generator and tapping of the 345 kV transmission line as shown in Exhibit "C I";
C) 345 kV circuit breaker(s), 345 kV disconnect switch(es), EPS Metering, RTU, associated structures. bus work. conductor, connectors. grounding. conduit control cable, foundation work, perimeter fencing, grading/dirt work and any appurtenances necessary for the construction and operation of the TIF as shown in Exhibit "C I".
D) Optical Ground Wire (OPGW) with 24-pair. single-mode fiber optic cable between the TSP and the GIF interconnecting A-frame structure in the GIF Substation complete with cable splice boxes for utilization by both Generator and TSP.
The above lists are not intended to be complete lists of all facilities that are part of the TIF.
9) Communications Facilities: The Generator shall. in accordance with ERCOT Requirements and Good Utility Practice, provide communications facilities that are, or may in the future be, necessary for effective interconnected operation of the Plant and Generator Interconnection Facilities with the transmission system. The Generator shall own, and be responsible for the installation, operation, and maintenance of:
Interconnection Agreement
237 PUC Docket No. 49513 Attachment 3 Page 38 of 52
A) One dedicated telephone circuit whereby the TSP's Garland, Texas dispatch center can communicate with the Generator's on-site control room or the Generator's off-site dispatch center twenty-four (24) hours per day and seven (7) days per week.
B) Any other facilities. equipment or communications necessary to information/data from the T1F which may be required or requested by the GIF.
10) System Protection Equipment:
A) TSP shall coordinate modifications to the existing protective relay package and relay settings at LCRA's North McCamey substation and Bakersfield substation;
B) Generator shall provide a line differential panel to include an SEL 411L primary line differential relay and an SEL 3111.. backup line differential relay for protection of the Generator's 345 kV line at the GIFITIF Point of Interconnection (see Item 10-1):
1. Generator shall provide a Direct Transfer Trip (DTT) signal to the TIF in the event of a 345 kV breaker failure at the G1F. 2. TSP shall provide DTT signal to the GIF in the event of a 345 kV breaker failure at the TIF. 3. Fiber Optic cables in the OPGW will be used for communication between the G1F and T1F line differential relays.
C) Generator shall be responsible for the proper synchronization of its facilities with the TSP transmission system. in accordance with ERCOT guidelines;
D) The Plant and the G1F shall be designed to isolate any fault, or to disconnect from or isolate any abnormality that would negatively affect the ERCOT system. The Generator shall be responsible for protection of its facilities. In particular, Generator shall provide relays, circuit breakers, and all other devices necessary to promptly remove and fault contribution of the generation equipment to any short circuit occurring on the TSP system. Such protective equipment shall include, without limitation, a disconnect device or switch with the appropriate interrupting capability to be located within the GIF, Generator shall be responsible for protection of such facilities from such conditions as negative sequence currents, over or under frequency. sudden load rejection. over or under voltage. generator loss of field, inadvertent energization (reverse power) and uncleared transmission system faults;
E) The Plant and the G1F shall have protective relaying that is consistent with the protective relaying criteria described in the ERCOT Requirements and NERC standards. lf reasonably requested by the TSP, Generator shall at Generator's expense, provide corrections or additions to existing control and protective equipment required to protect the ERCOT system or to comply with government, industry regulations, or standard changes;
F) The Generator's protective relay design shall incorporate the necessary test switches to enable complete functional testing. The required test switches will be placed such that they allow operation of lockout relays while preventing breaker failure schemes from operating and causing unnecessary breaker operations and tripping generator
Interconnection Agreement
238 PUC Docket No. 49513 Attachment 3 Page 39 of 52
units. Generator shall also incorporate isolation to prevent inadvertent operation of the DTT scheme to TIF in the form of test switches or relay logic;
G) Generator shall install sufficient disturbance and fault monitoring equipment to thoroughly analyze all system disturbances of the generation system. This equipment shall monitor the voltages at major nodes of the system, current at major branches. breaker and switch positions, and enough of the Direct Current (DC) logic in the relay control scheme to analyze a system disturbance. The disturbance and fault monitoring for both Generator and TSP shall be consistent with the disturbance monitoring requirements described in the ERCOT Nodal Operating Guides and NERC standards;
I-I) Prior to modifying any relay protection system design or relay setting involving the connecting facilities between the two Parties, Generator shall submit the proposed changes to the TSP and ERCOT for review and approval. Review and approval shall be for the limited purpose of determining whether such proposed changes are compatible with the ERCOT transmission system;
I) In accordance with Good Utility Practice and ERCOT and NERC standards. the TSP shall determine requirements for protection of the Point of Interconnection and the zone of protection around the Point of Interconnection and shall specify and implement protection and control schemes as necessary to meet such requirements. Generator shall have the right to review and comment on the necessary protection requirements. and such comments shall not be unreasonably refused by the TSP when determining such requirements. The TSP shall coordinate the relay system protection between Generator and the ERCOT system;
J) The Generator shall provide in PSSE (version 33) and Aspen One-Liner format the load flow, stability. and short circuit model for the Generator Interconnection Facilities. the generators. and collector facilities prior to the protective relays settings being calculated and in no case later than 60 days prior to the initial actual in-service date. Generator data submitted in accordance with Section 7.3 of Exhibit "A" shall include, but not limited to:
I. A detailed one-line diagram of the proposed Plant and Generator Interconnection Facilities showing the collector buses and their voltages. 2. Conductor types and lengths of all lines connecting the collector buses to the TSP Substation, 3. The total number of generators to be served by each collector bus, 4. The size, make and model of each generator, 5. Capacitor bank sizes, electrical locations and control settings, 6. Impedance and rating data of each transmission voltage line, Generator Step Up and/or autotransformer that will be installed to get power from the Plant and onto the transmission grid.
I I ) Inputs from GIF to TIF Telemetry Equipment:
A) GIF 345 kV line disconnect position status, B) GIF 345 kV line protection/relay status C) GIF 345 kV line MW, MVAR
Interconnection Agreement
239 PUC Docket No. 4951.3 Attachment 3 Page 40 of 52
D) GIF 345 kV line three-phase kV E) GIF 345 kV line three-phase amperes F) GIF 345 kV GIF circuit breaker(s) position(s) G) GIF 34.5 kV G1F capacitor breaker(s) position(s), if installed
12) Supplemental Terms and Conditions. if anv. attached: The following terms and conditions shall be met unless there is a conflict between these terms and conditions and ERCOT Requirements, in which case the ERCOT Requirements shall prevail. Such ERCOT Requirernents include, but are not limited to, ERCOT Nodal Protocols sections 1.3.1, 3.15, 8.1.1, and 12.2; ERCOT Nodal Operating Guides sections 2.2.5, 2.2.6, 2.7, 2.9.1 and 6.2.6; and the ERCOT Operating Procedures.
A) Device Numbers, Switching and Clearance:
I. Generator shall obtain prior approval of the TSP before operating any transmission voltage circuit switching apparatus (e.g. switches, circuit breakers, etc.) at the G1F, whether for testing or for operation of the Plant, which approval shall not be unreasonable withheld. conditioned or delayed. 2. The TSP shall coordinate switching at the Point of interconnection. Each Party shall be responsible for operations of their facilities, 3. Generator and TSP will collaborate and reach mutual agreement on the establishment of: i) unique name(s) for the Generator's substations, unit main transformers and switching station(s) connected at transmission voltage; ii) device numbers for all transmission voltage switches and breakers which will be owned by the Generator; and iii) unique names for the Generator's generating units, in accordance with ERCOT requirements. Generator will submit to TSP, within 30 days after execution of this Agreement. its proposed names(s). as referenced in this paragraph. The Generator will register the name(s) of the facilities specified in this paragraph and Generator-owned device numbers at ERCOT, in accordance with ERCOT requirements, and such names and device numbers will be consistent with the names and numbers mutually agreed upon pursuant to this paragraph. The Generator will not change any of the names or device numbers, established pursuant to this paragraph. without written approval of the TSP. Generator will label the devices, referenced in item (ii) above, with the numbers assigned to such dev ices. 4. Each Party will keep records of maintenance and switching operations of control and protective equipment associated with this interconnection and will allow the other Party reasonable access to inspect such records.
B) No Retail Sale of Electricity to Generator by TSP: The energy and power that the Plant and GIF may from time to time consume from the 345 kV ERCOT grid through the Point of Interconnection may constitute a retail transaction and as such, the TSP does not intend to be the provider of this retail service unless otherwise authorized by law. The Generator shall make whatever arrangements may be necessary with the appropriate retail supplier for the energy and power that the Plant and GIF may consume from the 345 kV ERCOT grid through the Point of Interconnection.
C) Notification:
Interconnection Agreement
240 PUC Docket No. 49513 Attachment 3 Page 41 of 52
1. Upon written request from TSP. the Generator shall notify the TSP in writing as to which ERCOT Qualified Scheduling Entity the Plant will be utilize. 1. Upon written request from the TSP, the Generator shall supply notification to the TSP identifying their retail service provider 120 days prior to the In-Service Date and the Generator shall supply notification to the TSP 60 days prior to any changes in retail service provider. thereafter. 3. In the event of any interruption of service, the TSP shall provide prompt notice to the Generator of cause of such interruption and an estimation of when the Plant may be re-connected to the TSP. 4. Generator will notify TSP at least five (5) working days in advance of any planned maintenance. inspection. testing, or calibration of equipment located inside the GIF.
D) Substation Land. Easements and Access Road Provisions:
1. The Substation Site is an area of approximately 13 acres of land in Pecos County, approximately 9.6 miles south southwest of the city of McCamey. Texas and along the TSP's existing 345 kV North McCamey-Bakersfield transmission line as shown in Exhibit "cr. The Substation Site is approximately located at in Section xx Block x in Pecos County. TX. The Parties acknowledge that (a) Generator shall. within fifteen (15) days of providing notice to proceed with engineering, either (i) enter into an option to purchase agreement for the acquisition of fee title to the Substation Site on TSP's behalf, or (ii) enter into a perpetual easement agreement with the current fee title owner of the Substation Site on TSP's behalf, in a form satisfactory to TSP, subject only to delivery of an executed copy of this Agreement to the title company and the Generator's payment of applicable policy premiums. recording fees and other closing costs, and (b) within forty-five (45) days of the Effective Date. Generator shall provide to the TSP for review and approval (i) the then current vesting deed for the Substation Site. (ii) the title proforma anclIor title commitment generated in connection with the acquisition of the Substation Site pursuant to the purchase option, (iii) a current ALTA survey of the Substation Site (including topographical design survey with minimum of two-foot coMours) (iv) a current Phase 1 environmental site assessment of the Substation Site, (v) any other archaeological research and environmental analysis of the Substation Site that is deemed necessary or advisable. and (vi) the form of the special warranty deed for the acquisition of the Substation Site by the TSP, which shall be subject to the title encumbrances and other exceptions reflected in the current vesting deed. If the TSP gives written notice that it has reviewed, but does not approve the foregoing. within ten (10) days of receipt from the Generator, the Generator shall cure any defects identified by the TSP within fifteen (15) days and resubmit them to the TSP. TSP shall have additional periods to review and approve until satisfied. Generator shall exercise and close on the purchase option upon completion of the activities set forth in this Section and cause fee title of the Substation Site to be conveyed to the TSP within fifteen (15) days of exercising the purchase option. Generator shall provide to TSP. for TSP's approval, the form and real property description of any deed Generator intends to enter into in furtherance of this Interconnection Agreement. Said deed form and real property description must be provided to TSP not later than fifteen (15) days prior to closing on the real
Interconnection Agreement
241 PUC Docket No. 49513 Attachment 3 Page 42 of S2
property. TSP shall have not less than ten (10) days to approve the deed form and real property description. TSP's approval will not be unreasonably withheld. In connection with such conveyance of the Substation Site. the TSP shall pay the Generator an amount for the Substation Site not to exceed its market value as reasonably deterrnined by the TSP and the Generator shall pay the cost of an Owner's Extended (ALTA) Title Insurance Policy and applicable recording fees and other costs.
2. Generator will be responsible for relocation of existing utilities not owned by TSP. both overhead and underground, that inhibit full use of the TIF substation site. The relocation of said utilities must be completed in time to insure there are no impacts to TIF substation site access or construction schedules. TSP will cooperate with and work in good-faith to aid Generator in the aforementioned relocation of existing utilities when reasonably possible. However, the ultimate responsibility for said relocation is the responsibility of Generator.
3. If necessary to provide access to the Substation Site and no public road for vehicular ingress to and egress from the site exists, within fifteen (15) days of providing notice to proceed with engineering, the Generator shall acquire (in escrow) a non-exclusive. perpetual easement for the benefit and use of the TSP that provides good and adequate rights of vehicular ingress and egress to and from a public road to the TSP's T1F and to the GIF, subject only to delivery of an executed copy of this Agreement to the title company and the payment of applicable policy premiums, recording fees. and other closing costs. The Parties acknowledge that the Access Easement acquired by the Generator on TSP's behalf must be reviewed and accepted by the TSP and that the Access Easement will provide the TSP non-exclusive rights to use the same in common with the Generator. to the extent such serve or provide access to the Generator's facilities. The TSP shall pay the Generator an amount for the TSP's Access Easement not to exceed its market value as reasonably determined by the TSP. The Access Easement is a stand-alone easement agreement and shall survive termination of this Agreement and shall be properly recorded in a manner reasonably acceptable to the TSP. 4. The Generator, at no cost to the TSP, agrees to pay the costs of a Phase 1 ESA Environmental Report and of the ALTA survey (including topographical design survey with minimum of two-foot contours) of the Substation Site for the tracts necessary in (1) and (2) above.
13) Special Operating Conditions:
A) Quality of Power. Generator shall provide a quality of power into the ERCOT system consistent with the applicable ERCOT Requirements and NERC guidelines;
B) Harmonics and Telephone Interference. The Generator's altemating current generating system must have a frequency of 60 Hz, be designed for balanced three- phase operation, not cause unreasonable imbalance on the ERCOT system or the TSP TIF and adhere to the recommendations in Institute of Electrical and Electronic Engineers Recornmended Practices and Requirements for Harmonic Control in Electrical Power Systems (IEEE 519), or its successor;
Interconnection Agreement
242 PUC Docket No. 49513 Attachment 3 Page 43 of S2
C) Voltage, Frequency and Reactive Support. The Generator shall have and maintain:
I . Reactive capability as required in the ERCOT Requirements. 2. The ability to remain online during voltage disturbances up to the time periods and associated voltage levels set forth in the ERCOT requirements for Voltage Ride Through (VRT) capability. 3. Both frequency and voltage controls operating in synchronism with the TSP's system. The Generator shall notify the TSP at any such time that such controls are out of service.
D) Generator shall install sufficient phasor measurement recording equipment that meet the requirements in ERCOT Nodal Operating Guide Sections 6.1.3.1, Recording Requirements and 6.1,3.3, Data Recording and Redundancy Requirements. Phasor measurement recording equipment shall be time synchronized with a Global Positioning System-based clock, or ERCOT-approved alternative, with sub-cycle (<1 microsecond) timing accuracy and performance. Generator agrees to provide data sets to TSP upon request;
E) ERCOT Operating Arrangements. A special ERCOT-approved operating arrangement such as a Remedial Action Scheme or Special Protection System may be required either ptior to, or after, Commercial Operation. The terms "Remedial Action Scheme" and "Special Protection System" shall have the meanings as set forth in the ERCOT Requirements. TSP and ERCOT will examine the need and feasibility of these arrangements in cooperation with the Generator. In the event that ERCOT determines that such an arrangement is required, then TSP. ERCOT and Generator will cooperate to design and install the necessary facilities, to be operational for the duration of the period where such Remedial Action Scheme or Special Protection System may be necessary. This agreement will be amended to document such arra.ngements;
F) Backup Power during Point of Interconnection Outage. The Generator acknowledges that this Point of Interconnection may not always be available due to maintenance or other outage activities and at these times of unavailability the loss of both generator output and power delivery to the Generator will not be the responsibility of the TSP. The Generator is responsible for providing any backup power sources that it may require due to the unavailability of this Point of Interconnection for any period of time;
G) Sub-synchronous Resonance (SSR) Study. Pursuant to Section 5.4.5.1 of the current ERCOT Planning Guide, the TSP shall complete the SSR study prior to initial synchronization of the plant. The findings of the SSR study may dictate that the Generator and/or TSP install additional facilities to mitigate this vulnerability in conjunction with this interconnection request. In accordance with Section 5.4.5.1 of the current ERCOT Planning Guide, ERCOT shall approve all mitigation plans. lf the mitigation plan requires the TSP to mitigate a vulnerability. the TSP may increase the dollar amount of the Security Instrument required of the Generator associated with the mitigation plan. If mitigation is required, this Agreement shall be amended to include any additional facilities and additional amount of Security deposit.
Interconnection Agreement
243 PUC Docket No. 49513 Attachment 3 Page 44 of 52
Exhibit "Cl" Point of Interconnection Details
------ _ • _ • _ • _ • - Photovokaic Photovoltaic Generator Owned Facilities Inverters Inverten associated with ERGOT generation 43a3641iLA 43o3GMVA interconnection request vmo9( rf(yy TSP Owned Facilities f] L LJ
Point of Interconnection \ANN, VWV
To 345 kV North 10.5 Mile Line McCamey Sw
To 345 kV Bakersfield Sw
Interconnection Agreement
244 PUC Docket No. 49513 Attachment 3 Page 45 of S2
Exhibit "C2" Proposed Transmission Line Route
Concho Mull Solar Project
Interconnection Agreement
245 PUC Docket No. 49513 Attachment 3 Page 46 of 52
Exhibit “n" Notice Information of the Standard Generation Interconnection Agreement
(a) All notices of an operational nature shall be in writing and/or may be sent between the Parties via electronic means including facsimile as follows: If to lf to
Garland Power & Light Concho Bluff, LLC Attn: Electric Grid Controller Attn: Ion Robertson 525 E. Avenue B 2028 E Ben White Blvd Garland. TX 75040 STE 240-8833 24 Hour Telephone: (972) 205-3063 / 3068 1 . Austim TX 78741 Fax: (972) 205-3106 24 Hour Telephone (512) 568-3228 . E-mail jrober4onii;onpeakpower.com
(b) Notices of an administrative nature: If to If to
Garland Power & Light Attn: Sr. Managing Director 217 N. Fifth St. Garland, TX 75040 Phone: (972) 205-2000 , (c) Notice for statement and billing purposes: If to If to
Garland Power & Light . Attn: Sr. Managing Director 217 N. Fifth St. Garland. TX 75040 Phone: (972) 205-2000
Interconnection Agreement
246 PUC Docket No. 49513 Attachment 3 Page 47 of 52
Exhibit "E" Security Arrangement Details
"Bank" means a major U.S. commercial bank. or a U.S. branch office of a major foreign commercial bank, with a credit rating of at least "A.-" by Standard & Poor's or "A3" by Moody's Investor Service.
"Business Days" means any day other than a Saturday, a Sunday, or a holiday on which national banking associations in the State of Texas are permitted or required to be closed.
"Final Expiration Date means the earlier of (i) five (5) Business Days after the date upon which TSP receives written notification from Generator that Commercial Operation has been achieved or (ii) ninety (90) days after the termination of this Agreement in accordance with its terms.
"Letter of Credir means an irrevocable, transferable standby letter of credit issued by a Bank in a form that is acceptable to TSP.
"Security' means one (1) or more Letters of Credit or a cash deposit, or a combination thereof, for the benefit of TSP.
"Security Effective Date' means the date Generator provides TSP the required Security, which shall be within fifteen (15) Business Days after the execution of this Agreement.
As a condition to TSP's obligation to plan, license, engineer, design, procure equipment and material, and construct the TIF described in Exhibit "C", Generator shall provide Security in an amount totaling $ 30,700.000, as required pursuant to Section 8.3 of Exhibit "A", according to the following schedule:
Security Requirement Cumulative Security Security Effective Date — Amount $ 200,000 $ 200,000 includes CCN Any time before CCN Approval or $ 1,600,000 $ 1,800,000 within ten (10) days after CCN Approval for transmission line and substation detailed engineering Four (4) months after notice to $ 14,600,000 $ 16,400,000 proceed is received for engineering or as request by TSP Six (6) months after notice to proceed is received for $ 14,300,000 $ 30,700,000 procurement are as requested by TSP
In accordance with Section 8.3 of Exhibit A. any repayment or return of such cash deposit shall include interest at a rate applicable to customer deposits as established from time to time by the PUCT.
Interconnection Agreement
247 PUC Docket No. 49513 Attachment 3 Page 48 of 52
From the Security Effective Date, Generator shall cause to be established and at all times through the Final Expiration Date cause to be maintained in full force and effect Security consistent with this Exhibit "E" and acceptable to TSP. Failure to deliver or maintain the Security in the amount and period set forth within this Agreement and Exhibit "E" shall be deemed a Default under Section 10.6 of this Agreement notwithstanding any cure period otherwise provided for in Section 10.6, but subject to the cure periods otherwise provided in the immediately following paragraph.
If at any time the credit rating of the Bank is reduced for any reason to less than "A-" by Standard & Poor's or "A3" by Moody's Investor Service, Generator shall replace the affected Letter of Credit with another Letter of Credit in a form acceptable to TSP of the same amount and with the same beneficiary from another Bank within fifteen (15) Business Days of the date of such event. Failure to provide an acceptable substitute Letter of Credit within the time period specified above shall be deemed a Default under Section 10.6 of this Agreement, notwithstanding any cure period otherwise provide for in Section 10.6, and TSP may draw upon the Letter of Credit and retain the proceeds as Security.
In the event a Letter of Credit is set to expire on a date prior to the Final Expiration Date and Generator has not provided to TSP a substitute Letter of Credit at least forty-five (45) days in advance of such expiration, TSP shall have the right to draw upon the expiring Letter of Credit and retain as security the full amount of the expiring Letter of Credit. The substitute Letter of Credit shall be in a form acceptable to TSP of the same amount and with the same beneficiary. Failure to provide a substitute Letter of Credit within the time period specified above shall be deemed a Default under Section 10.6 of this Agreement, notwithstanding any cure period otherwise provide for in Section 10.6, and TSP may draw upon the Letter of Credit and retain the proceeds as Security.
TSP may by written notice to Generator require Generator to increase the Security from time to time if TSP determines in its reasonable discretion that the remaining Security is not adequate to cover the costs that TSP then reasonably estimates could become payable pursuant to this Agreement. Generator shall tender any such increase to TSP within thirty (30) days of such notice. Failure to deliver the increase in Security in the amount and within the period set forth within this Agreement and this Exhibit "E" shall be deemed a Default under Section 10.6 of this Agreement, notwithstanding any cure period otherwise provided for in Section 10.6, subject to the cure periods otherwise provided in this Exhibit E.
Interconnection Agreement
248 PUC Docket No. 49513 Attachment 3 Page 49 of 52
Exhibit "El" Form Letter of Credit
IRREVOCABLE LETTER OF CREDIT
Irrevocable Standby Letter of Credit No,
Issued:
Issuing Bank: (Insert full name and address)
Beneficiary: City of Garland, Texas, referred to below as -you- or "Beneficiary" 217 N. Fifth Street Garland, Texas 75040 Authorized Representative Chief Financial Officer Garland Power & Light or designee in writing
Applicant- (Insert full name and address)
Initial expiration date at our counter (unless evergreen):
Final expiration date at our counter:
Ladies and Gentlemen:
We. ("Issuer") do hereby establish this Irrevocable Transferable Standby Letter of Credit No. ("Letter of Credit") by order of, for the account of and on behalf of Applicant and in favor of the Beneficiary. The term "Beneficiary" includes any successor by operation of law of the named beneficiary including without limitation any liquidator, receiver or conservator. This Letter of Credit is issued, presentable and payable and we guaranty to you that drafts under and in compliance with the terms of this Letter of Credit will be honored on presentation and surrender of certain documents pursuant to the terms of this Letter of Credit. This Letter of Credit is available in one or more drafts and may be drawn hereunder an amount of up to an aggregate amount not exceeding $ Funds under this Letter of Credit are available for payment to you upon presentation to us of a written demand: (i) signed by an Authorized Representative of the Beneficiary; (ii) dated the date of presentation; and (iii) the following statement:
Interconnection Agreement
249 PUC Docket No. 49513 Attachment 3 Page 50 of 52
"The undersigned hereby certifies to ("IssucC), with reference to its Irrevocable Transferable Standby Letter of Credit No. dated , issued on behalf of Applicant and in favor of Beneficiary that an event prompting a draw on this Letter of Credit in accordance with the terms and provisions of the Generation Interconnection Agreement dated , 2018 between Conch° Bluff; LLC and the City of Garland, Texas (as the same may be amended and supplemented from time to time, whether now or hereafter executed and any replacements or substitutions therefore) has occurred_ The Beneficiary hereby draws upon the Letter of Credit in an amount equal to S(United States Dollars )."
Such presentation may be made to the Issuing Bank (i) at sight at , (ii) by first class certified and registered U.S. Mail, or (iii) by overnight mail.
We hereby agree that upon your presentation to us in compliance with the terms of this Letter of Credit on or before the date of expiration we will honor the presentatiom If documents are presented prior to 12:00 PM Eastern Standard Time on any day other than a Saturday. a Sunday, or a holiday on which national banking associations in the State of Texas are permitted or required to be closed ("Business Day"), we will honor the same in full in immediately available funds on the next Business Day and. if so presented after 12:00 PM Eastern Standard Time on any Business Day, we will honor the same in full in immediately available funds on the fourth Business Day following presentation. We agree that if this Letter of Credit expires on a day other than a Business Day this Letter of Credit will be duly honored if the demand is presented by you within one (1) full Business Day after such expiration_
It is a condition of this Letter of Credit that it will be automatically extended without amendment for one (1) year from the initial expiration date hereof, or any future expiration datc subject to the final expiration date hereof. unless at least one hundred twenty (120) days prior to any expiration date we send you written notice at the above address by registered mail or overnight courier service that we elect not to consider this Letter of Credit extended for any such period_
The stated amount of this Letter of Credit may be increased or decreased, and the expiration date of this Letter of Credit may be extended (if the expiration date has not been automatically extended as provide above). by an amendment to the Letter of Credit. This Letter of Credit may be transferred in its entirety (but not in part) upon presentation to us of a transfer certificate signed by the Beneficiary in the form of Attachment A accompanied by this Letter of Credit and any amendment(s), in which the Beneficiary irrevocably transfers to such transferee all of its rights hereunder, whereupon we agree to either issue a substitute letter of credit to such successor or endorse such transfer on the reverse of this Letter of Credit. Any transfer fees assessed by the Issuer will be payable solely by the Applicant, and the payment of any transfer fees will not be a condition to the validity or effectiveness of the transfer or this Letter of Credit.
This Letter of Credit is not transferable to any person or any entity with which U.S. persons are prohibited from doing business under applicable U.S. law or regulation.
Interconnection Agreement
250 PUC Docket No. 49513 Attachment 3 Page 51 of 52
Disbursements under thc Letter of Credit shall be in accordance with the following terms and conditions:
l . The amount, which may be drawn by the Beneficiary under this Letter of Credit may be reinstated by the amount of any drawings hereunder via amendment. All commissions, charges, fees, and other costs associated with the issuance of and drawing against this Letter of Credit will bc borne by the Applicant and will not reduce the amount payable to Beneficiary under this Letter of Credit.
3. This Letter of Credit shall be governed by the International Standby Practices Publication No. 590 of the International Chamber of Commerce, (the "[sr). except to the extent that terms hereof arc inconsistent with the provisions of the ISP, in which case the terms of the Letter of Credit shall govern. This Letter of Credit shall be governed by the internal laws of the State of New York to the extent that the terms of the 1SP are not applicable.- provided that, in the event of any confl ict between the ISP and such New Yo rk laws, the 1SP shall control. 4. This Letter of Credit may not be amended, changed, or modified without the express written consent of the Beneficiary, the Applicant and the Issuer.
5. The Beneficiary shall not be deemed to have waived any rights under this Letter of Credit. unless an Authorized Representative of the Beneficiary shall have signed a written waiver. No such waiver, unless expressly so stated therein, shall be effective as to any transaction that occurs subsequent to the date of the waiver. nor as to any continuance of a breach after the waiver.
6. A failure to make any partial drawing at any time shall not impair or reduce the availability of this Letter of Credit in any subsequent period or our obligation to honor your subsequent demands for payment made in accordance with the terms of this Letter of Credit.
Yours truly.
i Name of issuine bank)
By
Title
Direct Telephone Number
Interconnection Agreement
251 PUC Docket No. 49513 Attachment 3 Page 52 of 52
Attachment A
(FORM TO BE ADDRESSED TO THE NOMINATED BANK BY THE BENEFICIARY OF A TRANSFERABLE CREDIT WHEN TRANSFERRING THE CREDIT IN ITS ENTIRETY INCLUDING ALL EXISTING AND FUTURE AMENDMENTS, IF ANY) 20
Gentlemen:
Se: Letter cf :redit Issued by:
For value r.1.-1:eived, the undersigned beneficiary hereby Irrevocably transfers tt:
;Name Transfare)
(Address± all rights t th undersigned beneficiary t Craw under the above Letter cf Credit in its entirety.
By this transfer, all rights cf the undersigned beneficiary in such Letter of Credit are transferred to the transferee and the transferee shall have the sole rights as beneficiary thereof, including scle rights relating to any amendments whetner increases or extensions cr dther amendments and whether now existing or hereafter made. All amendments are to be advised direct to the transferee without necessity cf any :cnsent of or notice to the undersigned beneficiary.
The advice of such Letter of Credit is returned herewith, and we ask you to endorse the transfer on the reverse there:f, and forward it direct to the transferee with your customary notice f transfer.
Very truly yours,
Signature of Beneficiary
SIGNATURE AUTHENTICATED 6 S:GNOR IS AUTHORIZED TO REQUEST SAID TRANSFER
(Bank)
(A.Ithorized
252 N Schematic of Transmission System in the Proximate Area of the Project .1 A
Odessa 345 kV
Crane 138 kV
• Existing Facility
Proposed Facility
- - - - Proposed 345 kV Line
Existing 345 kV Line
Existing 138 kV Line - - - - Study Area
North McCarney 45/138 kV S
Rio Peco Woodward Tap 138 kV 138 kV Big Lake 138 kV r ------McCarney 138 kV
L:1- ---- Greasewood --- ..... Substation Nevi11 Road i SW Mesa Wind 16' ST Switch Project III ------. West Yates 138 kV To Big Hill -0 345 kV c r) Bakersfiel 345 kV o Woodward Mountain 11 no 138 kV Waymark 7k- .-1-ro ellV Z White Baker 0 138 kV Indian Mesa -1=b LO 138 kV uawip ln
l I-, 7
.1 LL) PUC Docket No 49513 Attachment 5 Page 1 of 1
THIS PAGE IS OVERSIZED AND CAN BE VIEWED IN CENTRAL RECORDS
254 PUC Docket No. 49513 Attachment 6 Page 1 of 1 Landowner Names, Property Identification, and Map Locations
Map ID File _ As _Name Attention Mailing Address City State Zip
1, 3 Margaret McDonald Ballew HC 73 Box 405 Girvin 'TX 79704
2819 Chatterton 2, 4 Girvin Ranch Co. San Angelo TX 76904 Drive Marital Trust 5 Debbie Bradley Grady PO Box 1287 McCamey TX 79752 Bruce Earl Grady Trustee
255 PUC Docket No. 49513 Attachment 7a Page 1 of 11 itarAL GARLAND POWER & LIGHT
May 31, 2019
RE: PUC Docket No. 49513; Application of the City of Garland, Texas to Amend its Certificate of Convenience and Necessity for the Nevill Road to Greasewood Single Circuit 345-kV Transmission Line in Pecos County
Dear
The City of Garland, Texas (Garland) gives notice of its intent to amend its Certificate of Convenience and Necessity (CCN) to construct a proposed single circuit 345-kV transmission line in Pecos County, Texas.
Garland is filing a single routing option (Consensus Route) for this project that is approximately 10.3 miles in length. The estimated cost of the transmission line is approximately $ 11.6 million with an additional $ 14.9 million in substation costs. The NeviII Road to Greasewood 345-kV transmission line is designed for single circuit 345-kV capability. Garland plans to construct the transmission line using steel single pole structures.
Garland has filed an application with the Public Utility Commission of Texas (PUC or Commission) in Docket No. 49513 — Application of the City of Garland, Texas to Amend its Certificate of Convenience and Necessity for the Nevill Road to Greasewood Single Circuit 345-kV Transmission Line in Pecos County.
Your land would be directly affected in this docket. If Garland's Consensus Route is approved by the PUC, Garland will have the right to build a facility that might directly affect your land. The PUC docket will not determine the value of your land or the value of the easement if one is needed by Garland to build the facility.
All routes and route links included in this notice are available for selection and approval by the Public Utility Commission of Texas.
If you have questions about the transmission line project, you may contact Garland's representative Thomas Ademski by phone at (512) 872-7131.
The enclosed brochure entitled "Landowners and Transmission Line Cases at the PUC" provides basic information about how you may participate in this docket, and how you may contact the PUC. Please read this brochure carefully. The brochure includes sample forms for making comments and for making a request to intervene as a party in this docket.
256 PUC Docket No. 49513 Attachment 7a Page 2 of 11
The PUCs brochure emphasizes that: The only way to fully participate in the PUC's decision on where to locate the transmission line is to intervene in the docket. lt is important for an affected person to intervene because the utility is not obligated to keep affected persons informed of the PUC'S proceedings and cannot predict which route may or may not be approved by the PUC.
In addition to the contacts listed in the brochure, you may call the PUCs Customer Assistance Hotline toll free at (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the PUCs Customer Assistance Hotline at (512) 936-7136 or toll free at (800) 735-2989. If you wish to participate in this docket by becoming an intervenor, the deadline for intervention in the proceeding is July 15, 2019; and the PUC should receive a letter from you requesting intervention by that date. Mail the request for intervention and 10 copies of the request to the following address:
Public Utility Commission of Texas Central Records, Attn: Filing Clerk 1701 N. Congress Avenue P.O. Box 13326 Austin, Texas 78711-3326
Persons who wish to intervene in the docket must also mail a copy of their request for intervention to all parties in the docket and all persons that have pending motions to intervene; at or before the time request for intervention is mailed to the PUC. In addition to the intervention deadline, other important deadlines may already exist that affect your participation in this docket. You should review the orders and other filings already made in the docket. The enclosed brochure explains how you can access these filings.
A map illustrating Garland's Consensus Route is enclosed for your review. Also enclosed is a written description of the Consensus Route that has been filed with the Commission in the Garland CCN application. A detailed routing map may be reviewed during normal business hours at the following location:
Fort Stockton Public Library 500 N. Water St. Fort Stockton, Texas 79735
The PUC will make the final determination of which route will be approved for this transmission line project. Any one of the proposed routes or any other combination of the routing links could be approved by the PUC.
Sincerely,
Thomas J. Ademski Regulatory Case Manager
Enclosures
• Map of Consensus Route • Consensus Route Description • Landowner Brochure • Comment Form • Intervenor Forrn
257 Path t\bmcdtdfstClientstENS\GarlandTX\114146 NG-345-KV\StudiestGeospatial\DataFilestArcDocstNotice_Mapitx11 Jand_NR2GW mxd gacox 4/15/2019 COPYRIGHT @ 2019 BURNS & McDONNELL ERIGINEERING COMPANY, INC
V Line 138- k "Lap • -*or.. ...wt.* Woodward • St to AE1' 18ill ft *iwwww. • • • ww"ww• •
1
ouraftiewit,„„0 .4..
...... , 4 Proposed Nevin Road '14 • Switch d Dfl
0a
ap l ellV / / 00 '0N // LAJ / aWip u 0 6t7 l eL us
Substation / Switch Boundary US Highway Nevill Road to Greasewood Consensus Route Farm-to-Market Road BURNS 345-kV Transmission Line Project Existing Transmission Line S7*.MSDONNELI: County Road Miles 0 0.5 1 2 Garland Power & Light Pipeline Pecos County, Texas I l l J l í i1 Feet 0 3,000 6,000 12,000 Source: ESRI, TNRIS, RRC; Burns & McDonnell Engineenng Company, Inc Issued: 4/15/2016 PUC Docket No. 49513 Attachment 7a Page 4 of 11
Nevi!! Road to Greasewood 345-kV Transmission Line Project
Consensus Route Description
The Consensus Route (Route) originates on the southwest side of the proposed Nevill Road Switch, located along the southwest side of Garland Power & Light's existing Bakersfield to North McCamey 345-kilovolt (kV) transmission line and east of a Bravo Pipeline Company pipeline easement, approximately one mile south of Nevill Road in Pecos County. It proceeds in a west-northwesterly direction across shrub/rangeland for approximately 19,275 feet to the east side of Farm-to-Market Road (FM) 11. This portion of the Route immediately crosses two pipelines operated by Bravo Pipeline Company and then one Energy Transfer Company pipeline before reaching FM 11. The Route then continues in a west-northwesterly direction across shrub/rangeland for a total of approximately 24,100 feet, as it crosses FM 11, two Energy Transfer Company pipelines, the existing AEP Rio Pecos to White Baker 138-kV transmission line, an additional Energy Transfer Company pipeline, and the AEP Woodward Tap to Woodward Mountain 138-kV transmission line, to an angle point located just east of US Highway (US) 67. The Route proceeds north-northwest approximately 700 feet as it crosses US 67 at a point approximately 3 miles northeast of the US 67 and Owego Road intersection. On the western side of US 67, the Route angles west-northwest and proceeds across shrub/rangeland approximately 5,900 feet where it crosses an El Paso Natural Gas Company pipeline, then continues an additional 1,160 feet to an angle point. Here the Route turns south, proceeds approximately 350 feet, then turns west- northwest. The Route proceeds west-northwest approximately 3,100 feet and terminates on the easterrY side of the proposed Greasewood Substation, located approximately 2 miles north-northeast of the US 67 and Owego Road intersection.
259 PUC Docket No. 49513 Attachment 7a Page 5 of 11 Landowners and Transmission Line Cases at the PUC
Public Utility Commission of Texas
1701 N. Congress Avenue P.O. Box 13326 Austin, Texas 78711-3326 (512) 936-7261 www.puc.state.tx.us
Effective: June 1, 2011
260 PUC Docket No. 49513 Attachment 7a Purpose of This Brochure Page 6 of 11
This brochure is intended to provide landowners with information about proposed new transmission lines and the Public Utility Commission's ("PUC" or "Commissioe) process for evaluating these proposals. At the end of the brochure is a list of sources for additional information.
The following topics are covered in this brochure: • How the PUC evaluates whether a new transmission line should be built, • How you can participate in the PUC's evaluation of a line, and • How utilities acquire the right to build a transmission line on private property.
You are receiving the enclosed formal notice because one or more of the routes for a proposed transmission line may require an easement or other property interest across your property, or the centerline of the proposed project may come within 300 feet of a house or other habitable structure on your property. This distance is expanded to 500 feet if the proposed line is greater than 230 kilovolts (kV). For this reason, your property is considered directly affected land. This brochure is being included as part of the formal notice process.
If you have questions about the proposed routes for a transmission line, you may contact the applicant. The applicant also has a more detailed map of the proposed routes for the transmission line and nearby habitable structures. The applicant may help you understand the routing of the project and the application approval process in a transmission line case but cannot provide legal advice or represent you. The applicant cannot predict which route may or may not be approved by the PUC. The PUC decides which route to use for the transmission line, and the applicant is not obligated to keep you informed of the PUC's proceedings. The only way to fully participate in the PUC's decision on where to locate the transmission line is to intervene, which is discussed below.
The PUC is sensitive to the impact that transmission lines have on private property. At the same time, transmission lines deliver electricity to millions of homes and businesses in Texas, and new lines are sometimes needed so that customers can obtain reliable, economical power.
The PUC's job is to decide whether a transmission line application should be approved and on which route the line should be constructed. The PUC values input from landowners and encourages you to participate in this process by intervening in the docket.
PUC Transmission Line Case
Texas law provides that most utilities must file an application with the PUC to obtain or amend a Certificate of Convenience and Necessity (CCN) in order to build a new transmission line in Texas. The law requires the PUC to consider a number of factors in deciding whether to approve a proposed new transmission line.
The PUC may approve an application to obtain or amend a CCN for & transmission line after considering the following factors: • Adequacy of existing service; • Need for additional service; • The effect of approving the application on the applicant and any utility serving the proximate area; • Whether the route utilizes existing compatible rights-of-way, including the use of vacant positions on existing multiple-circuit transmission lines; • Whether the route parallels existing compatible rights-of-way; • Whether the route parallels property lines or other natural or cultural features; • Whether the route conforms with the policy of prudent avoidance (which is defined as the limiting of exposures to electric and magnetic fields that can be avoided with reasonable investments of money and effort); and • Other factors such as community values, recreational and park areas, historical and aesthetic values, environmental integrity, and the probable improvement of service or lowering of cost to consumers in the area.
If the PUC decides an application should be approved, it will grant to the applicant a CCN or CCN amendment to allow for the construction and operation of the new transmission line.
261 PUC Docket No. 49513 Attachment 7a Page 7 of 11 Application to Obtain or Amend a CCN:
An application to obtain or amend a CCN describes the proposed line and includes a statement from the applicant describing the need for the line and the impact of building it. In addition to the routes proposed by the applicant in its application, the possibility exists that additional routes may be developed, during the course of a CCN case, that could affect property in a different manner than the original routes proposed by the applicant.
The PUC conducts a case to evaluate the impact of the proposed line and to decide which route should be approved. Landowners who would be affected by a new line can: • informally file a protest, or • formally participate in the case as an intervenor.
Filing a Protest (informal comments):
If you do not wish to intervene and participate in a hearing in a CCN case, you may file comments. An individual or business or a group who files only comments for or against any aspect of the transmission line application is considered a "protestor."
Protestors make a written or verbal statement in support of or in opposition to the utility's application and give information to the PUC staff that they believe supports their position.
Protestors are not parties to the case, however, and do not have the right to: • Obtain facts about the case from other parties; • Receive notice of a hearing, or copies of testimony and other documents that are filed in the case; • Receive notice of the time and place for negotiations; • File testimony and/or cross-examine witnesses; • Submit evidence at the hearing; or • Appeal P.U.C. decisions to the courts.
If you want to make comments, you may either send written comments stating your position, or you may make a statement on the first day of the hearing. If you have not intervened, however, you will not be able to participate as a party in the hearing. Only parties may submit evidence and the PUC must base its decision on the evidence.
Intervening in a Case:
To become an intervenor, you must file a statement with the PUC, no later than the date specified in the notice letter sent to you with this brochure, requesting intervenor status (also referred to as a party). This statement should describe how the proposed transmission line would affect your property. Typically, intervention is granted only to directly affected landowners. However, any landowner may request to intervene and obtain a ruling on his or her specific fact situation and concerns. A sample form for intervention and the filing address are attached to this brochure, and may be used to make your filing. A letter requesting intervention may also be used in lieu of the sample form for intervention.
If you decide to intervene and become a party in a case, you will be required to follow certain procedural rules: • You are required to timely respond to requests for information from other parties who seek information. • If you file testimony, you must appear at a hearing to be cross-examined. • If you file testimony or any letters or other documents in the case, you must send copies of the documents to every party in the case and you must file multiple copies with the PUC. • If you intend to participate at the hearing and you do not file testimony, you must at least file a statement of position, which is a document that describes your position in the case. • Failure to comply with these procedural rules may serve as grounds for you to be dismissed as an intervenor in the case. • If you wish to participate in the proceedings it is very important to attend any prehearing conferences.
Intervenors may represent themselves or have an attorney to represent them in a CCN case. If you intervene in a case, you may want an attorney to help you understand the PUC's procedures and the laws and rules that the PUC applies in deciding whether to approve a transmission line. The PUC encourages landowners to intervene and become parties.
262 PUC Docket No. 49513 Attachment 7a Stages of a CCN Case: Page 8 of 11
If there are persons who intervene in the case and oppose the approval of the line, the PUC may refer the case to an administrative law judge (ALJ) at the State Office of Administrative Hearings (SOAH) to conduct a hearing, or the Commission may elect to conduct a hearing itself. The hearing is a formal proceeding, much like a trial, in which testimony is presented. In the event the case is referred to SOAH, the ALJ makes a recommendation to the PUC on whether the application should be approved and where and how the line should be routed.
There are several stages of a CCN case: • The ALJ holds a prehearing conference (usually in Austin) to set a schedule for the case. • Parties to the case have the opportunity to conduct discovery; that is, obtain facts about the case from other parties. • A hearing is held (usually in Austin), and parties have an opportunity to cross-examine the witnesses. • Parties file written testimony before the date of the hearing. Parties that do not file written testimony or statements of position by the deadline established by the ALJ may not be allowed to participate in the hearing on the merits. • Parties may file written briefs concerning the evidence presented at the hearing, but are not required to do so. • In deciding where to locate the transmission line and other issues presented by the application, the All and Commission rely on factual information submitted as evidence at the hearing by the parties in the case. In order to submit factual information as evidence (other than through cross-examination of other parties witnesses), a party must have intervened in the docket and filed written testimony on or before the deadline set by the ALJ. • The All makes a recommendation, called a proposal for decision, to the Commission regarding the case. Parties who disagee with the All's recommendation may file exceptions. • The Commissioners discuss the case and decide whether to approve the application. The Commission may approve the All's recommendation, approve it with specified changes, send the case back to the All for further consideration, or deny the application. The written decision rendered by the Commission is called a final order. Parties who believe that the Commission's decision is in error may file motions for rehearing, asking the Commission to reconsider the decision. • After the Commission rule on the motion for rehearing, parties have the right to appeal the decision to district court in Travis County.
Right to Use Private Property
The Commission is responsible for deciding whether to approve a CCN application for a proposed transmission line. If a transmission line route is approved that impacts your property, the electric utility must obtain the right from you to enter your property and to build, operate, and maintain the transmission line. This right is typically called an easement.
Utilities may buy easements through a negotiated agreement, but they also have the power of eminent domain (condemnation) under Texas law. Local courts, not the PUC, decide issues concerning easements for rights-of-way. The PUC does not determine the value of property.
The PUC final order in a transmission case normally requires a utility to take certain steps to minimize the impact of the new transmission line on landowners' property and on the environment. For example, the order normally requires steps to minimize the possibility of erosion during construction and maintenance activities.
263 PUC Docket No. 49513 Attachment 7a Page 9 of 11 HOW TO OBTAIN MORE INFORMATION
The PUC's online filings interchange on the PUC website provides free access to documents that are filed with the Commission in Central Records. The docket number, also called a control number on the PUC website, of a case is a key piece of information used in locating documents in the case. You may access the Interchange by visiting the PUC's website home page at www.puc.state.tx.us and navigate the website as follows:
• Select "Filings." • Select "Filings Search." • Select "Filings Search." • Enter 5-digit Control (Docket) Number. No other information is necessary. • Select "Search." All of the filings in the docket will appear in order of date filed. • Scroll down to select desired filing. • Click on a blue "Item" number at left. • Click on a "Download" icon at left.
Documents may also be purchased from and filed in Central Records. For more information on how to purchase or file documents, call Central Records at the PUC at 512-936-7180.
PUC Substantive Rule 25.101, Certification Criteria, addresses transmission line CCNs and is available on the PUC's website, or you may obtain copies of PUC rules from Central Records.
Always include the docket number on all filings with the PUC. You can find the docket number on the enclosed formal notice. Send documents to the PUC at the following address.
Public Utility Commission of Texas Central Records Attn: Filing Clerk 1701 N. Congress Avenue P.O. Box 13326 Austin, TX 78711-3326
The information contained within this brochure is not intended to provide a comprehensive guide to landowner rights and responsibilities in transmission line cases at the PUC. This brochure should neither be regarded as legal advice nor should it be a substitute for the PUC's rules. However, if you have questions about the process in transmission line cases, you may call the PUC's Legal Division at 512-936-7261. The PUC's Legal Division may help you understand the process in a transmission line case but cannot provide legal advice or represent you in a case. You may choose to hire an attorney to decide whether to intervene in a transmission line case, and an attorney may represent you if you choose to intervene.
Communicating with Decision-Makers
Do not contact the ALJ or the Commissioners by telephone or email. They are not allowed to discuss pending cases with you. They may make their recommendations and decisions only by relying on the evidence, written pleadings, and arguments that are presented in the case.
264 PUC Docket No. 49513 Attachment 7a Page 10 of 11
Comments in Docket No. 49513
If you want to be a PROTESTOR only, please complete this form. Although public comments are not treated as evidence, they help inform the PUC and its staff of the public concerns and identify issues to be explored. The PUC welcomes such participation in its proceedings.
Mail this completed form and 10 copies to:
Public Utility Commission of Texas Central Records Attn: Filing Clerk 1701 N. Congress Ave. P.O. Box 13326 Austin, TX 78711-3326
First Name: Last Name:
Phone Number: Fax Number:
Address, City, State:
I am NOT requesting to intervene in this proceeding. As a PROTESTOR, I understand the following: • I am NOT a party to this case; • My comments are not considered evidence in this case; and • I have no further obligation to participate in the proceeding.
Please check one of the following:
O I own property with a habitable structure located near one or more of the utility's proposed routes for a transmission line. O One or more of the utility's proposed routes would cross my property. O Other. Please describe and provide comments. You may attach a separate page, if necessary.
Signature of person submitting comments:
Date:
Effective: January 1, 2003
265 PIK Docket No. 49513 Attachment 7a Page 11 of 11
Request to Intervene in PUC Docket No. 49513
The following information must be submitted by the person requesting to intervene in this proceeding. This completed form will be provided to all parties in this docket. If you DO NOT want to be an intervenor, but still want to file comments, please complete the "Comments" page.
Mail this completed form and 10 copies to:
Public Utility Commission of Texas Central Records Attn: Filing Clerk 1701 N. Congress Ave. P.O. Box 13326 Austin, TX 78711-3326
First Name: Last Name:
Phone Number: Fax Number:
Address, City, State:
I am requesting to intervene in this proceeding. As an INTERVENOR, I understand the following:
• I am a party to the case; • I am required to respond to all discovery requests from other parties in the case; • If I file testimony, I may be cross-examined in the hearing; • If I file any documents in the case, I will have to provide a copy of that document to every other party in the case; and • I acknowledge that I am bound by the Procedural Rules of the Public Utility Commission of Texas (PUC) and the State Office of Administrative Hearings (SOAH).
Please check one of the following:
El I own property with a habitable structure located near one or more of the utility's proposed routes for a transmission line. El One or more of the utility's proposed routes would cross my property. El Other. Please describe and provide comments. You may attach a separate page, if necessary.
Signature of person requesting intervention:
Date:
Effective: January 1, 2003
266 PUC Docket No. 49513 Attachment 7b Page 1 of 1
Names and Addresses of the Landowners Sent Written Direct Notice
File_As_Name Attention Address City State Zip Margaret McDonald HC 73 Box 405 Girvin TX 79704 Ballew 2819 Chatterton Girvin Ranch Co. San Angelo TX 76904 Drive Marital Trust Debbie Bradley Grady PO Box 1287 McCamey TX 79752 Bruce Earl Grady Trustee
267 PUC Docket No. 49513 Attachment 8a Page 1 of 6 ik9P`st
GARLAND POWER & LIGHT May 31, 2019
Name Title Utility Company Name Address City, State, Zip
RE: PUC Docket No. 49513; Application of the City of Garland, Texas to Amend its Certificate of Convenience and Necessity for the Nevin Road to Greasewood Single Circuit 345-kV Transmission Line in Pecos County
Dear
The City of Garland, Texas (Garland) gives notice of its intent to amend its Certificate of Convenience and Necessity (CCN) to construct a proposed single circuit 345-kV transmission line in Pecos County, Texas.
Garland is a filing a single routing option (Consensus Route) for this project that is approximately 10.3 miles in length. The estimated cost of the transmission line is approximately $ 11.6 million with an additional $ 14.9 million in substation construction. The NeviII Road to Greasewood 345-kV transmission line is designed for single circuit 345-kV capability. Garland plans to construct the transmission line using steel single pole structures.
Garland has filed an application with the Public Utility Commission of Texas (PUC or Commission) in Docket No. 49513 — Application of the City of Garland, Texas to Amend its Certificate of Convenience and Necessity for the Nevill Road to Greasewood Single Circuit 345-kV Transmission Line in Pecos County.
Persons who wish to intervene in the proceeding or comment upon the action sought should mail their requests to intervene or comments (along with 10 copies) to the following address:
Public Utility Commission of Texas Central Records, Attn: Filing Clerk 1701 N. Congress Avenue P.O. Box 13326 Austin, Texas 78711-3326
The deadline for intervention in the proceeding is July 15, 2019, and a letter requesting intervention should be received by the Public Utility Commission of Texas by that date.
268 PUC Docket No. 49513 Attachment 8a Page 2 of 6
A map illustrating Garland's Consensus Route is enclosed for your review. Also enclosed is a written description of the Consensus Route that has been filed with the Commission in the Garland CCN application.
All routes and routing links included in this notice are available for selection and approval by the Public Utility Commission of Texas.
A detailed routing map may be reviewed during normal business hours at the following location:
Fort Stockton Public Library 500 N. Water St. Fort Stockton, Texas 79735
The Commission has developed a brochure titled "Landowners and Transmission Line Cases at the PUC." Copies of the brochure are available from Garland by calling Thomas Ademski at (512) 872-7131, or may be downloaded from the PUC's website at www.puc.state.tx.us. To obtain additional information about this case, contact the Public Utility Commission at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the PUC at (512) 936-7136 or toll free at (800) 735-2989.
If you have questions about the transmission line project, you may contact Garland's representative Thomas Ademski at (512) 872-7131.
Sincerely,
Thomas J. Ademski Regulatory Case Manager
Enclosures
• Map of Consensus Route . Consensus Route Description • Comment Form • Intervenor Form
269
Path. \\bmcd \dfs \Clients \ENS \GarlandTX\ 114146_NG-345-K \AStudies \ GeospatiaRDataFiles\ArcDocs \Notice_Map_8x11_1and_NR2GW mxd gacox 4/15/2019 rricwrnai-rr n 91110 RI IRAIC 1. I pkin.inipinin Crwc,Ann, mu^
/ t.o ' k \ ;.‘....—...--..---- ti; \ ...., te m al • , • .,..., ---.,„,, 38-okl/1...ii.,.....,...... , • e “ ..„.... Pi \? St to Wooillwoor ...,..„... / .11 • ,:..... %r! 1 AEI' Ityth \ • ...... -.--40-.----•••-•"--10/ \ / 111 •\,,r, / t.; • a / / 1 ..... , o . II // / • 0 \ ell V; !I • / \ . 9.-.-*. / ,.... 1 Gli:l ows eodo d / I li I v„. i ubstation , z , ' \ 2." / •v.v. i .. ¡Ili \ •:.7 * " - t.1-‘7 i I Gut • \ ..:,- / ii kfz2 / :e.. •z I ., fi / • t- olia \ 4 . aftiallftri 1 ratalalieft. ul 0. \;/ , \• ""... , . .,k , z / i a.... i. , i gy 0 , ...... :I •,-, \ ... \ Proposed .... ,, , Nevi!! Road i ./:. :7 ft ,.... ... \ Switch '? i \ . t . 4146mmi • • \ -, ... li .. „, ... , . st/ • \ .. I . . / "'• el • a, ..... NI 3 - "RR lip • 113 :„ • ,,,,... c.'f I ..1 I/ i .,\ ,/ \.,,, / / / \• k ts .. ! • c c..1 I,/ / •\,‘ c ¡ \• '' I I ,7 II :, i I V? / i :','. . L'Z'elf fs' i .c.., / \ I 11 Ill P is'', os, * • i Il 4 4 i ' I 'T Ill 1 I) . ,.• / —0 1 C / ,.- / r) il ‘.., / V -1 . /i 0 — / ...A.,• ll ??; R •.,,-". 1 .1) / .---*' 0 Substation / Switch Boundary ERR= US Highway eN Nevill Road to Greasewood son m 1 Consensus Route NORTH pi Farm-to-Market Road 345-kV Transmission Line Project .-"."*"...' Existing Transmission Line tNe DCNN N E L I -- County Road Miles 0 0.5 1 2 Garland Power & Light 1 „ ., ., 1,... r, i - — - Pipeline i l Pecos County, Texas Feet 0 3,000 6,000 12,000 nc PUC Docket No. 49513 Attachment 8a Page 4 of 6 Nevin Road to Greasewood 345-kV Transmission Line Project Consensus Route Description The Consensus Route (Route) originates on the southwest side of the proposed NeviII Road Switch, located along the southwest side of Garland Power & Lighf s existing Bakersfield to North McCamey 345-kilovolt (kV) transmission line and east of a Bravo Pipeline Company pipeline easement, approximately one mile south of Nevill Road in Pecos County. It proceeds in a west-northwesterly direction across shrub/rangeland for approximately 19,275 feet to the east side of Farm-to-Market Road (FM) 11. This portion of the Route immediately crosses two pipelines operated by Bravo Pipeline Company and then one Energy Transfer Company pipeline before reaching FM 11. The Route then continues in a west-northwesterly direction across shrub/rangeland for a total of approximately 24,100 feet, as it crosses FM 11, two Energy Transfer Company pipelines, the existing AEP Rio Pecos to White Baker 138-kV transmission line, an additional Energy Transfer Company pipeline, and the AEP Woodward Tap to Woodward Mountain 138-kV transmission line, to an angle point located just east of US Highway (US) 67. The Route proceeds north-northwest approximately 700 feet as it crosses US 67 at a point approximately 3 miles northeast of the US 67 and Owego Road intersection. On the western side of US 67, the Route angles west-northwest and proceeds across shrub/rangeland approximately 5,900 feet where it crosses an El Paso Natural Gas Company pipeline, then continues an additional 1,160 feet to an angle point. Here the Route turns south, proceeds approximately 350 feet, then turns west- northwest. The Route proceeds west-northwest approximately 3,100 feet and terminates on the eastern side of the proposed Greasewood Substation, located approximately 2 miles north-northeast of the US 67 and Owego Road intersection. 271 PIK Docket No. 49513 Attachment 8a Page 5 of 6 Comments in Docket No. 49513 If you want to be a PROTESTOR only, please complete this form. Although public comments are not treated as evidence, they help inform the PUC and its staff of the public concerns and identify issues to be explored. The PUC welcomes such participation in its proceedings. Mail this completed form and 10 copies to: Public Utility Commission of Texas Central Records Attn: Filing Clerk 1701 N. Congress Ave. P.O. Box 13326 Austin, TX 78711-3326 First Name: Last Name: Phone Number: Fax Number: Address, City, State: I am NOT requesting to intervene in this proceeding. As a PROTESTOR, I understand the following: • I am NOT a party to this case; • My comments are not considered evidence in this case; and • I have no further obligation to participate in the proceeding. Please check one of the following: El I own property with a habitable structure located near one or more of the utility's proposed routes for a transmission line. El One or more of the utility's proposed routes would cross my property. Other. Please describe and provide comments. You may attach a separate page, if necessary. Signature of person submitting comments: Date: Effective: January 1, 2003 272 PK Docket No. 49513 Attachment 8a Page 6 of 6 Request to Intervene in PUC Docket No. 49513 The following information must be submitted by the person requesting to intervene in this proceeding. This completed form will be provided to all parties in this docket. If you DO NOT want to be an intervenor, but still want to file comments, please complete the "Comments" page. Mail this completed form and 10 copies to: Public Utility Commission of Texas Central Records Attn: Filing Clerk 1701 N. Congress Ave. P.O. Box 13326 Austin, TX 78711-3326 First Name: Last Name: Phone Number: Fax Number: Address, City, State: I am requesting to intervene in this proceeding. As an INTERVENOR, I understand the following: • I am a party to the case; • I am required to respond to all discovery requests from other parties in the case; • If I file testimony, I may be cross-examined in the hearing; • If I file any documents in the case, I will have to provide a copy of that document to every other party in the case; and • I acknowledge that I am bound by the Procedural Rules of the Public Utility Commission of Texas (PUC) and the State Office of Administrative Hearings (SOAH). Please check one of the following: EJ I own property with a habitable structure located near one or more of the utility's proposed routes for a transmission line. EJ One or more of the utility's proposed routes would cross my property. 11 Other. Please describe and provide comments. You may attach a separate page, if necessary. Signature of person requesting intervention: Date: Effective: January 1, 2003 273 PUC Docket No. 49513 Attachment 8b Page 1 of 1 Utilities Notice List AEP Texas, inc. Judith Talavera, President & COO 539 North Carancahua Corpus Christi, Tx 78401 LCRA Transmission Services Corporation Don Kiser, Director, Regulatory Affairs P.O. Box 220 Austin, Tx 78767-0220 Oncor Thomas Yamin, CEO 1616 Woodall Rogers Freeway, 6B — 005 Dallas, D< 75202 South Texas Electric Cooperative Mike Kezar, General Manager P.O. Box 119 Nursery, TX 77976 Southwest Texas Electric Cooperative William Whitten, General Manager P.O. Box 667 El Dorado, TX 76936 274 PUC Docket No. 49513 Attachment 9a Page 1 of 6 *91Dist. GARLAND POWER & LIGHT May 31, 2019 County Judge/County Commissioner Address City, State, Zip RE: PUC Docket No. 49513; Application of the City of Garland, Texas to Amend its Certificate of Convenience and Necessity for the Nevill Road to Greasewood Single Circuit 345-kV Transmission Line in Pecos County Dear Judge: The City of Garland, Texas (Garland) gives notice of its intent to amend its Certificate of Convenience and Necessity (CCN) to construct a proposed single circuit 345-kV transmission line in Pecos County, Texas. Garland is filing a single routing option (Consensus Route) for this project that is approximately 10.3 miles in length. The estimated cost of the transmission line is approximately $ 11.6 million with an additional $ 14.9 million in substation costs. The NeviII Road to Greasewood 345-kV transmission line is designed for single circuit 345-kV capability. Garland plans to construct the transmission line using steel single pole structures. Garland has filed an application with the Public Utility Commission of Texas (PUC or Commission) in Docket No. 49513 — Application of the City of Garland, Texas to Amend its Certificate of Convenience and Necessity for the Nevill Road to Greasewood Single Circuit 345-kV Transmission Line in Pecos County. Persons who wish to intervene in the proceeding or comment upon the action sought should mail their requests to intervene or their comments (along with 10 copies) to the following address: Public Utility Commission of Texas Central Records, Attn: Filing Clerk 1701 N. Congress Avenue P.O. Box 13326 Austin, Texas 78711-3326 The deadline for intervention in the proceeding is July 15, 2019, and a letter requesting intervention should be received by the Public Utility Commission of Texas by that date. A map illustrating Garland's Consensus Route is enclosed for your review. Also enclosed is a written description of the Consensus Route that has been filed with the Commission in the Garland CCN application. 275 PUC Docket No. 49513 Attachment 9a Page 2 of 6 All routes and routing links included in this notice are available for selection and approval by the Public Utility Commission of Texas. A detailed routing map may be reviewed during normal business hours at the following location: Fort Stockton Public Library 500 N. Water St. Fort Stockton, Texas 79735 The Commission has developed a brochure titled "Landowners and Transmission Line Cases at the PUC." Copies of the brochure are available from Garland by calling Thomas Ademski at (512) 872-7131, or may be downloaded from the PUCs website at www.puc.state.tx.us. To obtain additional information about this case, contact the Public Utility Commission at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the PUC at (512) 936-7136 or toll free at (800) 735-2989. If you have questions about the transmission line, you may contact Thomas Ademski at (512) 872-7131. Sincerely, Thomas J. Ademski Regulatory Case Manager Enclosures • Map of Consensus Route • Consensus Route Description • Comment Form • Intervenor Form 276 Path \\ bmcd \dfs \Clients \ENS \GarlandTX \114146_NG-345-KV\Studies\Geospatial\DataFiles\ArcDocs\Notice_Map_Bx11 Jand_NR2GW.mxd gacox 4/15/2019 COPYRIGHT ©2019 BURNS & McDONNELL ENGINEERING COMPANY, INC. • bV 12ine AEI' 1011 St to Woollwoorti Proposed Greasewood Substation • • / • ION es ••• #"7 ow nai ... • Proposed Nevill Road .. fo ...... Switch .. \774: ...... 1108 al• and DOG aI 1// ellV / l ip '0N aw 1// u 6t // l e6 EIS 0 Substation / Switch Boundary US Highway Nevill Road to Greasewood MI I Consensus Route Farm-to-Market Road BURNS 345-kV Transmission Line Project -•— Existing Transmission Line • 1-MSDONNELII: County Road Miles 0 0.5 1 2 Garland Power & Light I 1 Pipeline I Pecos County, Texas Feet 0 3,000 6,000 12,000 Source: ESRI, TNRIS; RRC; Burns & McDonnell Engineering Company, Inc Issued: 4/15/2016 PUC Docket No. 49513 Attachment 9a Page 4 of 6 NeviII Road to Greasewood 345-kV Transmission Line Project Consensus Route Description The Consensus Route (Route) originates on the southwest side of the proposed Nevill Road Switch, located along the southwest side of Garland Power & Lighf s existing Bakersfield to North McCamey 345-kilovolt (kV) transmission line and east of a Bravo Pipeline Company pipeline easement, approximately one mile south of Nevill Road in Pecos County. It proceeds in a west-northwesterly direction across shrub/rangeland for approximately 19,275 feet to the east side of Farm-to-Market Road (FM) 11. This portion of the Route immediately crosses two pipelines operated by Bravo Pipeline Company and then one Energy Transfer Company pipeline before reaching FM 11. The Route then continues in a west-northwesterly direction across shrub/rangeland for a total of approximately 24,100 feet, as it crosses FM 11, two Energy Transfer Company pipelines, the existing AEP Rio Pecos to White Baker 138-kV transmission line, an additional Energy Transfer Company pipeline, and the AEP Woodward Tap to Woodward Mountain 138-kV transmission line, to an angle point located just east of US Highway (US) 67. The Route proceeds north-northwest approximately 700 feet as it crosses US 67 at a point approximately 3 miles northeast of the US 67 and Owego Road intersection. On the western side of US 67, the Route angles west-northwest and proceeds across shrub/rangeland approximately 5,900 feet where it crosses an El Paso Natural Gas Company pipeline, then continues an additional 1,160 feet to an angle point. Here the Route turns south, proceeds approximately 350 feet, then turns west- northwest. The Route proceeds west-northwest approximately 3,100 feet and terminates on the eastern side of the proposed Greasewood Substation, located approximately 2 miles north-northeast of the US 67 and Owego Road intersection. 278 PUC Docket No. 49513 Attachment 9a Page 5 of 6 Comments in Docket No. 49513 If you want to be a PROTESTOR only, please complete this form. Although public comments are not treated as evidence, they help inform the PUC and its staff of the public concerns and identify issues to be explored. The PUC welcomes such participation in its proceedings. Mail this completed form and 10 copies to: Public Utility Commission of Texas Central Records Attn: Filing Clerk 1701 N. Congess Ave. P.O. Box 13326 Austin, TX 78711-3326 First Name: Last Name: Phone Number: Fax Number: Address, City, State: I am NOT requesting to intervene in this proceeding. As a PROTESTOR, I understand the following: . I am NOT a party to this case; . My comments are not considered evidence in this case; and . I have no further obligation to participate in the proceeding. Please check one of the following: O I own property with a habitable structure located near one or more of the utility's proposed routes for a transmission line. O One or more of the utility's proposed routes would cross my property. O Other. Please describe and provide comments. You may attach a separate page, if necessary. Signature of person submitting comments: Date: Effective: January 1, 2003 279 PIK Docket No. 49513 Attachment 9a Page 6 of 6 Request to Intervene in PUC Docket No. 49513 The following information must be submitted by the person requesting to intervene in this proceeding. This completed form will be provided to all parties in this docket. If you DO NOT want to be an intervenor, but still want to file comments, please complete the "Comments" page. Mail this completed form and 10 copies to: Public Utility Commission of Texas Central Records Attn: Filing Clerk 1701 N. Congress Ave. P.O. Box 13326 Austin, TX 78711-3326 First Name: Last Name: Phone Number: Fax Number: Address, City, State: I am requesting to intervene in this proceeding. As an INTERVENOR, I understand the following: • I am a party to the case; • I am required to respond to all discovery requests from other parties in the case; • If I file testimony, I may be cross-examined in the hearing; • If I file any documents in the case, I will have to provide a copy of that document to every other party in the case; and • I acknowledge that I am bound by the Procedural Rules of the Public Utility Commission of Texas (PUC) and the State Office of Administrative Hearings (SOAH). Please check one of the following: El I own property with a habitable structure located near one or more of the utility's proposed routes for a transmission line. El One or more of the utility's proposed routes would cross my property. ID Other. Please describe and provide comments. You may attach a separate page, if necessary. Signature of person requesting intervention: Date: Effective: January 1, 2003 280 PUC Docket No. 49513 Attachment 9b Page 1 of 1 Pecos County Public Officials Notice List PECOS COUNTY The Honorable Joe Shuster Pecos County Judge Pecos County Courthouse 103 West Callaghan Fort Stockton, TX 79735 Mickey Jack Perry Pecos County Precinct 3 Commissioner P.O. Box 456 lraan, TX 79744 281 PUC Docket No. 49513 Attachment 10 Page 1 of 6 *91AL GARLAND POWER & LIGHT May 31, 2019 Department of Defense Department of Defense Siting Clearinghouse 3400 Defense Pentagon Room 5C646 Washington, DC 20301-3400 via email: [email protected] Re: PUC Docket No. 49513; Application of the City of Garland, Texas to Amend its Certificate of Convenience and Necessity for the Nevill Road to Greasewood Single Circuit 345-kV Transmission Line in Pecos County The City of Garland, Texas (Garland) gives notice of its intent to amend its Certificate of Convenience and Necessity (CCN) to construct a proposed single circuit 345-kV electric transmission line in Pecos County, Texas. Garland is filing a single routing option (Consensus Route) for this project that is approximately 10.3 miles in length. The estimated cost of the transmission line is approximately $ 11.6 million with an additional $ 14.9 million in substation construction. The Nevill Road to Greasewood 345-kV transmission line is designed for single circuit 345-kV capability. Garland plans to construct the transmission line using steel single pole structures. Garland has filed an application with the Public Utility Commission of Texas (PUC or Commission) in Docket No. 49513 -Application of the City of Garland, Texas to Amend Its Certificate of Convenience and Necessity for the Nevill Road to Greasewood Single Circuit 345-kV Transmission Line in Pecos County. Persons who wish to intervene in the proceeding or comment upon the action sought should mail their requests to intervene or their comments (along with 10 copies) to the following address: Public Utility Commission of Texas Central Records, Attn: Filing Clerk 1701 N. Congress Avenue P.O. Box 13326 Austin, Texas 78711-3326 282 PUC Docket No. 49513 Attachment 10 Page 2 of 6 The deadline for intervention in the proceeding is July 15, 2019, and a letter requesting intervention should be received by the Public Utility Commission of Texas by that date. A map illustrating Garland's Consensus Route is enclosed for your review. Also enclosed is a written description of the Consensus Route that has been filed with the Commission in the Garland CCN application. All routes and routing links included in this notice are available for selection and approval by the Public Utility Commission of Texas. A detailed routing map may be reviewed during normal business hours at the following location: Fort Stockton Public Library 500 N. Water St. Fort Stockton, Texas 79735 The Commission has developed a brochure titled "Landowners and Transmission Line Cases at the PUC." Copies of the brochure are available from Garland by calling Thomas Ademski at (512) 872-7131, or may be downloaded from the PUCs website at www.puc.state.tx.us. To obtain additional information about this case, contact the Public Utility Commission at (512) 936-7120 or (888) 782-8477. Hearing- and speech- impaired individuals with text telephones (TTY) may contact the PUC at (512) 936-7136 or toll free at (800) 735-2989. If you have questions about the transmission line, you may contact Thomas Ademski at (512) 872-7131. Project Information: Garland NeviII Road to Greasewood 345-kV Transmission Line Pecos County, Texas The project will be constructed using single-pole steel structures. Height of Typical Structures: 110 to 155 feet above grade Estimated Maximum Height of Structures: 155 feet above grade New Garland Nevill Road Switch: New Greasewood Substation Sincerely, Thomas J. Ademski Regulatory Case Manager (512) 872 - 7131 Enclosures • Map of Consensus Route • Consensus Route Description • Comment Form • Intervenor Form 283 Path \\bmcd \dfs\Clients \ENS\GarlandTX \ 114146 NG-345-KV\Studies\Geospatial\DataFiles\ArcDocs\Notice_Map_8x11 Jand_NR2GW mxd gacox 4/15/2019 COPYRIGHT ©2019 BURNS & McDONNELL ERGINEERING COMPANY, INC. 11 '-4 Woodward fop 138- kV Lille AEP 160 St to •!: * * 01144, aft Ill / • Proposed Nevill Road .. .. i"a • --...... Switch Id C71 Dr 300 a>1 elW l P w- '0N f, ual- l EIS6t7 OT Substation / Switch Boundary US Highway Nevill Road to Greasewood Consensus Route Farm-to-Market Road (*BURNS 345-kV Transmission Line Project Existing Transmission Line SXMSDONNELL" County Road Miles 0 0.5 1 2 Garland Power & Light Pipeline l i t Pecos County, Texas Feet 0 3,000 6,000 12,000 Source ESRI; TNRIS; RRC; Burns & McDonnell Engineering Company, Inc Issued: 4/15/2010 PUC Docket No. 49513 Attachment 10 Page 4 of 6 NeviII Road to Greasewood 345-kV Transmission Line Project Consensus Route Description The Consensus Route (Route) originates on the southwest side of the proposed Nevill Road Switch, located along the southwest side of Garland Power & Light's existing Bakersfield to North McCamey 345-kilovolt (kV) transmission line and east of a Bravo Pipeline Company pipeline easement, approximately one mile south of Nevill Road in Pecos County. It proceeds in a west-northwesterly direction across shrub/rangeland for approximately 19,275 feet to the east side of Farm-to-Market Road (FM) 11. This portion of the Route immediately crosses two pipelines operated by Bravo Pipeline Company and then one Energy Transfer Company pipeline before reaching FM 11. The Route then continues in a west-northwesterly direction across shrub/rangeland for a total of approximately 24,100 feet, as it crosses FM 11, two Energy Transfer Company pipelines, the existing AEP Rio Pecos to White Baker 138-kV transmission line, an additional Energy Transfer Company pipeline, and the AEP Woodward Tap to Woodward Mountain 138-kV transmission line, to an angle point located just east of US Highway (US) 67. The Route proceeds north-northwest approximately 700 feet as it crosses US 67 at a point approximately 3 miles northeast of the US 67 and Owego Road intersection. On the western side of US 67, the Route angles west-northwest and proceeds across shrub/rangeland approximately 5,900 feet where it crosses an El Paso Natural Gas Company pipeline, then continues an additional 1,160 feet to an angle point. Here the Route turns south, proceeds approximately 350 feet, then turns west- northwest. The Route proceeds west-northwest approximately 3,100 feet and terminates on the eastern side of the proposed Greasewood Substation, located approximately 2 miles north-northeast of the US 67 and Owego Road intersection. 285 PUC Docket No. 49513 Attachment 10 Page 5 of 6 Comments in Docket No. 49513 If you want to be a PROTESTOR only, please complete this form. Although public comments are not treated as evidence, they help inform the PUC and its staff of the public concerns and identify issues to be explored. The PUC welcomes such participation in its proceedings. Mail this completed form and 10 copies to: Public Utility Commission of Texas Central Records Attn: Filing Clerk 1701 N. Congress Ave. P.O. Box 13326 Austin, TX 78711-3326 First Name: Last Name: Phone Number: Fax Number: Address, City, State: I am NOT requesting to intervene in this proceeding. As a PROTESTOR, I understand the following: • I am NOT a party to this case; • My comments are not considered evidence in this case; and • I have no further obligation to participate in the proceeding Please check one of the following: O I own property with a habitable structure located near one or more of the utility's proposed routes for a transmission line. O One or more of the utility's proposed routes would cross my property. O Other. Please describe and provide comments. You may attach a separate page, if necessary. Signature of person submitting comments: Date: Effective: January 1, 2003 286 PIK Docket No. 49513 Attachment 10 Page 6 of 6 Request to Intervene in PUC Docket No. 49513 The following information must be submitted by the person requesting to intervene in this proceeding. This completed form will be provided to all parties in this docket. If you DO NOT want to be an intervenor, but still want to file comments, please complete the "Comments" page. Mail this completed form and 10 copies to: Public Utility Commission of Texas Central Records Attn: Filing Clerk 1701 N. Congress Ave. P.O. Box 13326 Austin, TX 78711-3326 First Name: Last Name: Phone Number: Fax Number: Address, City, State: I am requesting to intervene in this proceeding. As an INTERVENOR, I understand the following: • I am a party to the case; • I am required to respond to all discovery requests from other parties in the case; • If I file testimony, I may be cross-examined in the hearing; • If I file any documents in the case, I will have to provide a copy of that document to every other party in the case; and • I acknowledge that I am bound by the Procedural Rules of the Public Utility Commission of Texas (PUC) and the State Office of Administrative Hearings (SOAH). Please check one of the following: O I own property with a habitable structure located near one or more of the utility's proposed routes for a transmission line. O One or more of the utility's proposed routes would cross my property. O Other. Please describe and provide comments. You may attach a separate page, if necessary. Signature of person requesting intervention: Date: Effective: January 1, 2003 287 PUC Docket No. 49513 Attachment 11 Page 1 of 4 PUBLIC NOTICE Application of the City of Garland, Texas to Obtain or Amend a Certificate of Convenience and Necessity for a Transmission Line in Pecos County PUBLIC UTILITY COMMISSION OF TEXAS (PUC) DOCKET NO. 49513 The City of Garland (Garland) doing business as Garland Power & Light (GP&L) gives notice that it is requesting approval from the Public Utility Commission of Texas (PUC) to amend its Certificate of Convenience and Necessity (CCN) to construct the Nevill Road to Greasewood Single Circuit 345-kV Transmission Line in Pecos County, Texas. Garland has filed an application with the PUC for this purpose in Docket No. 49513. Garland is filing a single routing option as a result of Consensus Route Agreements with the directly affected landowners crossed by the transmission line for the Nevill Road to Greasewood 345-kV transmission line project that is approximately 10.3 miles in length. The project is designed for 345-kV single-circuit capability. Garland plans to construct the transmission line using steel single pole structures. The estimated cost of the transmission line project is approximately $ 11.6 million with an additional $ 14.9 million in substation costs. The PUC has a brochure entitled "Landowners and Transmission Line Cases at the PUC" which provides basic information about how you may participate in this docket, and how you may contact the PUC. Copies of the brochure are available from Thomas Ademski at (512) 872-7131 or may be downloaded from the PUC's website at www.puc.state.tx.us. The brochure includes sample forms for making comments and for making a request to intervene as a party in this docket. In addition to the contacts listed in the brochure, you may call the PUC's Customer Assistance Hotline at (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the PUC's Customer Assistance Hotline at (512) 936-7136 or toll free at (800) 735-2989. Persons who are affected by the transmission line and wish to intervene in the docket or comment on the applicant's application should mail the original and 10 copies of their requests to intervene or their comments to: Public Utility Commission of Texas Central Records Attn: Filing Clerk 1701 N. Congress Ave. P.O. Box 13326 Austin, Texas 78711-3326 The deadline for intervention in the docket is July 15, 2019, and the PUC should receive a letter from anyone requesting intervention by that date. 288 PUC Docket No. 49513 Attachment 11 Page 2 of 4 Persons who wish to intervene in the docket must also mail a copy of their request for intervention to all parties in the docket and all persons that have pending motions to intervene, at or before the time the request for intervention is mailed to the PUC. In addition to the intervention deadline, other important deadlines may already exist that affect your participation in this docket. You should review the orders and other filings already made in the docket. The only way to fully participate in the PUC's decision on where to locate the transmission line is to intervene in the docket. It is important for an affected person to intervene because the utility is not obligated to keep affected persons informed of the PUC's proceedings and cannot predict which route may or may not be approved by the PUC. All routes and route sements included in this notice are available for selection and approval by the Public Utility Commission of Texas. A detailed routing map may be reviewed at Fort Stockton Public Library, located at 500 N. Water Street, Fort Stockton, Texas, 79735. If you have questions about the transmission line you may contact Garland representative Thomas Ademski at (512) 872-7131. For this project as previously stated, only a Consensus Route is filed in Garland's CCN. The following narrative, along with the map that follows which shows the route, provides a detailed description of the Consensus Route. Nevill Road to Greasewood 345-kV Transmission Line Project Consensus Route Description The Consensus Route (Route) originates on the southwest side of the proposed Nevill Road Switch, located along the southwest side of Garland Power & Light's existing Bakersfield to North McCamey 345-kilovolt (kV) transmission line and east of a Bravo Pipeline Company pipeline easement, approximately one mile south of Nevill Road in Pecos County. It proceeds in a west- northwesterly direction across shrub/rangeland for approximately 19,275 feet to the east side of Farm-to-Market Road (FM) 11. This portion of the Route immediately crosses two pipelines operated by Bravo Pipeline Company and then one Energy Transfer Company pipeline before reaching FM 11. The Route then continues in a west-northwesterly direction across shrub/rangeland for a total of approximately 24,100 feet, as it crosses FM 11, two Energy Transfer Company pipelines, the existing AEP Rio Pecos to White Baker 138-kV transmission line, an additional Energy Transfer Company pipeline, and the AEP Woodward Tap to Woodward Mountain 138-kV transmission line, to an angle point located just east of US Highway (US) 67. The Route proceeds north-northwest approximately 700 feet as it crosses US 67 at a point approximately 3 miles northeast of the US 67 and Owego Road intersection. On the western side of US 67, the Route angles west-northwest and proceeds across shrub/rangeland approximately 5,900 feet where it crosses an El Paso Natural Gas Company pipeline, then continues an additional 1,160 feet to an angle point. Here the Route turns south, proceeds approximately 350 feet, then turns west-northwest. The Route proceeds west-northwest approximately 3,100 feet and 289 PUC Docket No. 49513 Attachment 11 Page 3 of 4 terminates on the eastern side of the proposed Greasewood Substation, located approximately 2 miles north-northeast of the US 67 and Owego Road intersection. 290 Path \\bmcd \dfs \Clients \ENS \GarlandTX\114146_NG-345-KV\Studies \Geospatial\DataFiles\ArcDocs Notice_Map_Bx11_land_NR2GW mxd gacox 4/15/2019 COPYRIGHT @ 2019 BURNS & McDONNELL ENGINEERING COMPANY, INC. Woo/Word P loth St to ,4E • Proposed Greasewood Substation wa 111•108 .. ....4 •; \ .aft ...... 447 / 7 ...... d Dil OG 3 1 9 1 pelw \1 1 0 ' uawy l TT E1S617 Substation / Switch Boundary US Highway Nevill Road to Greasewood Consensus Route Farm-to-Market Road BURNS 345-kV Transmission Line Project Existing Transmission Line %4NMSDONNELL: County Road Mlles 0 0.5 1 2 Garland Power & Light i t J Pipeline i I Pecos County, Texas Feet 0 3,000 6,000 12,000 ource• ESRI; TNRIS; RRC; Burns & McDonnell Engineering Company, Inc Issued: 4/15/2016 PUC Docket No. 49513 Attachment 12 Page 1 of 4 GARLAND POWER & LIGHT May 31, 2019 The Honorable Tonya Baer Office of Public Utility Counsel P.O. Box 12397 Austin, Texas 78711-2397 RE: PUC Docket No. 49513; Application of the City of Garland, Texas to Amend its Certificate of Convenience and Necessity for the NeviII Road to Greasewood Single Circuit 345-kV Transmission Line in Pecos County Dear Public Counsel Baer: The City of Garland, Texas (Garland) gives notice of its intent to amend its Certificate of Convenience and Necessity (CCN) to construct a proposed single circuit 345-kV transmission line in Pecos County, Texas. Garland is filing a single routing option (Consensus Route) for this project that is approximately 10.3 miles in length. The estimated cost of the transmission line is approximately $ 11.6 million with an additional $ 14.9 million in substation construction. The Nevill Road to Greasewood 345-kV transmission line is designed for single circuit 345-kV capability. Garland plans to construct the transmission line using steel single pole structures. Garland provides this notice in accordance with the requirements of 16 TAC § 22.52. Garland has filed an application with the Public Utility Commission of Texas (PUC) in Docket No. 49513 —Application of the City of Garland, Texas to Amend its Certificate of Convenience and Necessity for the Nevill Road to Greasewood Single Circuit 345-kV Transmission Line in Pecos County. Persons who wish to intervene in the proceeding or comment upon the action sought should mail their requests to intervene or comments (along with 10 copies) to the following address: Public Utility Commission of Texas Central Records, Attn: Filing Clerk 1701 N. Congress Avenue P.O. Box 13326 Austin, Texas 78711-3326 The deadline for intervention in the proceeding is July 15, 2019, and a letter requesting intervention should be received by the Public Utility Commission of Texas by that date. 292 PUC Docket No. 49513 Attachment 12 Page 2 of 4 A map illustrating Garland's Consensus Route is enclosed for your review. Also enclosed is a written description of the Consensus Route that has been filed with the Commission in the Garland CCN application. All routes and routing links included in this notice are available for selection and approval by the Public Utility Commission of Texas. A detailed routing map may be reviewed during normal business hours at the following location: Fort Stockton Public Library 500 N. Water St. Fort Stockton, Texas 79735 The Commission has developed a brochure titled "Landowners and Transmission Line Cases at the PUC." Copies of the brochure are available from Garland by calling Thomas Ademski at (512) 872-7131, or may be downloaded from the PUCs website at www.ouc.state.tx.us. To obtain additional information about this case, contact the Public Utility Commission at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the PUC at (512) 936-7136 or toll free at (800) 735-2989. If you have questions about the transmission line project, you may contact Garland's representative Thomas Ademski at (512) 872-7131. Sincerely, Thomas J. Ademski Regulatory Case Manager Enclosures: • Map of Consensus Route • Consensus Route Description 293 Path \\bmcd \dfs \Clients \ENS \GarlandTX\ 114146_NG-345-KV\Studies \Geospatial \DataFiles\ArcDocs Notice_Map_8x11 Jand_NR2GW mxd gacox 4/15/2019 COPYRIGHT © 2019 BURNS & McDONNELL ENGINEERING COMPANY, INC. •• I 1 ¡ Line 1 1 138- kl • roe. Tap tlward Wpo ...... 0 -.ewe 10 S i 10 • A P 1 -11 • .""."-"" ìI Proposed Greasewood Substation sift 1110 NO o ft aft ------ • ...... 64.::q// elw p 11 uawt. Th l E - sst z Substation / Switch Boundary US Highway Nevill Road to Greasewood I Consensus Route Farm-to-Market Road (‘BURNS 345-kV Transmission Line Project Existing Transmission Line NN.MSDONNELL: County Road Miles 0 0.5 1 2 Garland Power & Light Pipeline I Pecos County, Texas Feet 0 3,000 6,000 12,000 Source ESRI, TNRIS; RRC; Burns & McDonnell Englneering Company, Inc Issued: 4/15/2016 PUC Docket No. 49513 Attachment 12 Page 4 of 4 NeviII Road to Greasewood 345-kV Transmission Line Project Consensus Route Description The Consensus Route (Route) originates on the southwest side of the proposed NeviII Road Switch, located along the southwest side of Garland Power & Light's existing Bakersfield to North McCamey 345-kilovolt (kV) transmission line and east of a Bravo Pipeline Company pipeline easement, approximately one mile south of NeviII Road in Pecos County. It proceeds in a west-northwesterly direction across shrub/rangeland for approximately 19,275 feet to the east side of Farm-to-Market Road (FM) 11. This portion of the Route immediately crosses two pipelines operated by Bravo Pipeline Company and then one Energy Transfer Company pipeline before reaching FM 11. The Route then continues in a west-northwesterly direction across shrub/rangeland for a total of approximately 24,100 feet, as it crosses FM 11, two Energy Transfer Company pipelines, the existing AEP Rio Pecos to White Baker 138-kV transmission line, an additional Energy Transfer Company pipeline, and the AEP Woodward Tap to Woodward Mountain 138-kV transmission line, to an angle point located just east of US Highway (US) 67. The Route proceeds north-northwest approximately 700 feet as it crosses US 67 at a point approximately 3 miles northeast of the US 67 and Owego Road intersection. On the western side of US 67, the Route angles west-northwest and proceeds across shrub/rangeland approximately 5,900 feet where it crosses an El Paso Natural Gas Company pipeline, then continues an additional 1,160 feet to an angle point. Here the Route turns south, proceeds approximately 350 feet, then turns west- northwest. The Route proceeds west-northwest approximately 3,100 feet and terminates on the eastern side of the proposed Greasewood Substation, located approximately 2 miles north-northeast of the US 67 and Owego Road intersection. 295 PUC Docket No. 49513 Attachment 13 Page 1 of 1 *9Pfst. GARLAND POWER & LIGHT May 31, 2019 Wildlife Habitat Assessment Program Wildlife Division Texas Parks and Wildlife Department 4200 Smith School Road Austin, Texas 78744 RE: PUC Docket No. 49513; Application of the City of Garland, Texas to Amend its Certificate of Convenience and Necessity for the Nevill Road to Greasewood Single Circuit 345-kV Transmission Line in Pecos County The City of Garland, Texas (Garland) has filed an application with the Public Utility Commission of Texas (PUC) in Docket No. 49513 — Application of the City of Garland, Texas to Amend its Certificate of Convenience and Necessity for the Nevill Road to Greasewood Single Circuit 345-kV Transmission Line in Pecos County. I have enclosed a copy of Garland's application for this project. In accordance with the requirements of 16 TAC § 22.52 and the PUCs CCN Application form, the Environmental Assessment for this project is included for your review as Attachment 1 of this Application. If you have questions about the transmission line project, you may contact Garland's representative Thomas Ademski at 512-872-7131. Sincerely, Thomas J. Ademski Regulatory Case Manager Enclosure CCN Application including Attachment 1 296 PUC Docket No. 49513 Attachment 14 Page 1 of 1 AFFIDAVIT STATE OF TEXAS COUNTY OF DALLAS l, Thomas S. Martin, after first being duly sworn, state the following: l am filing this application as Transmission Director of Garland Power & Light. l am qualified and authorized to file and verify this application, and am personally familiar with the information supplied in this application; and to the best of my knowledge, all information provided, statements made, and matters set forth in this application and attachments are true and correct; and all requirements for the filing of this application have been satisfied. I further state that this application is made in good faith and that this application does not duplicate any filing presently before the Commission. 2 r v.. Thomas S. Martin SUBSCRIBED AND SWORN TO ME, a Notary Public in and for the State of Texas, this 17th day of May, 2019. Notary Public My Commission Expires: t.5/ (.52714 297