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Control Number: 32786 Item Number: 7 Addendum StartPage: 0 =, =, a= + DOCKET NO. 32786 PETITION OF EL PAS0 ELECTRIC 8 PUBL COMPANY FOR GOOD CAUSE 8 ‘..< EXCEPTION TO P.U.C. SUBST. 8 - - - OETEXAS R 25.101(b) 8 ORDER This Order addresses the petition of El Paso Electric Company (EPE) for good cause exception to the requirements of P.U.C. SUBST.R. 25.101(b) to allow EPE to report construction of its proposed project as if the exception in P.U.C. SUBST. R. 25.101(c)(5)(A) applied to the proposed transmission facilities. This docket was processed in accordance with applicable statutes and Public Utility Commission of Texas (Commission) rules. EPE and Commission Staff are the only parties in this proceeding. Commission Staff recommended approval of EPE’s request. The request for a good cause exception to P.U.C. SUBST. R. 25.101(b) is granted as specified in this Order to allow EPE to acoommodate the construction schedule projected by the U.S. Army Corps of Engineers. I. Findings of Fact 1. On June 2, 2006, EPE filed a petition fbr good cause exception to P.U.C. SVSST. R 25.101(b). 2. On June 7, 2006, the Commission issued Order No. 1 approving EPE’s proposed schedule. 3. On June 9,2006, EPE filed its proof of notice. 4. On June 30, 2006, Staff filed its comments recommending approval of EPE’s requested relief 5. On July 10,2006, Staff and EPE filed a joint proposed order. 6. No party sought to intervene in this proceeding, and neither EPE nor Staff requested a hearing. 7 DOCKET NO. 32786 PAGE 2 OF 5 7. EPE proposed sending notice of its petition to all person who would receive direct mail notice of the proceeding under P.U.C. PROC. R. 22.52(a), including the City of El Paso, El Paso County, and Fort Bliss. EPE provided notice of this proceeding as proposed. 8. Pursuant to P.U.C. PRw. R. 22.5(b), good cause exists to wake the requirements of P.U.C. PRoc. R. 22.35(b), to allow consideration of this matter at the Commission’s June20, 2006, open meeting to permit EPE to accommodate the construction schedule projected by the U.S. Army Corps of Engineers. Project DescriDtion 9. Fort Bliss, a U.S. Army Training and Doctrine Command installation, is comprised of more than a million acres of land in Texas and New Mexico. The main military installation area of Fort Bliss is located adjacent to El Paso, Texas. Fort Bliss’ Biggs Army Airfield is located at Fort Bliss, adjacent to the El Paso International Airport. 10. Fort Bliss and Biggs Army Airfield are preparing for significant expansion of facilities and personnel. Currently, Fort Bliss is preparing for a temporary Brigade Combat Team which is expected to include approximately 3,800 troops this October. It is planned that, beginning next year, approximately 4,000 new troops will be arriving at Fort Bliss each year through 201 1. 11. The U.S. Army Corps of Engineers has informed EPE of its plans to build an electric substation for the Directorate of Public Works at Fort Bliss in support of personnel and facilities expansion at Fort Bliss and Biggs Army Airfield and has requested construction of transmission line facilities to provide service to the substation. EPE was informed in this letter that design and construction of the substation should be completed within 12 months. DOCKET NO. 32786 ORDER PAGE 3 OF 5 12. To provide the requested transmission service, EPE is proposing to tap an existing 115-kV transmission line and construct two parallel transmission circuits, approximately 1.4 miles in length, fiom the existing line to the proposed substation site. Both the substation and transmission line facilities will be located on Fort Bliss property in their entirety. 13. Fort Bliss is the only landowner whose property will be crossed by the proposed facilities and has given its prior written consent to the proposed project. 14. The nearest other landowner to the proposed facilities is El Paso International Airport, which is approximately 1.5 miles south of the proposed project, and the nearest habitable structure is a federal prison near the end of the Biggs Airfield runway approximately .8 miles to the east of the proposed substation location. 15. The proposed transmission project is needed in support of the expansion of military personnel and fkcilities at Fort Bliss. 16. The preparation and processing of a Certificate of Convenience and Necessity (CCN) amendment application can often take more than a year. The U.S. Army Corp of Engineers indicated in May 2006, that design and construction of the substation should be completed within 12 months. 17. The area crossed by the proposed project is solely certificated to EPE. 11. Conclusions of Law 1. EPE is an electric utility as defined by PURA' 0 31.002(6). 2. Notice of the application was adequate and provided in compliance with PURA and Commission rules. ' Public Utility Regulatory Act, TEX.UTIL. CODE ANN. $8 11.001-66.017 (Vernon 1998 & Sum. 2005) (PURA). ~~~~~ DOCKET NO. 32786 ORDER 3. The Commission has jurisdiction over this application under Chapter 37 of PURA. 4.. The Commission may make exceptions to its rules pursuant to P.U.C. PROC. R. 22.5(b) and P.U.C. SVSST. R. 25.3(b). 5. Except for the hct that the proposed transmission facilities to the new Fort Bliss substation will be approximately 1.4 miles long instead of one mile long or less, EPE would be exempt under P.U.C. SUBST. R. 25.101(c)(5)(A) fi-om the requirement that it obtain a CCN amendment prior to construction of the proposed transmission facilities. 6. Based on the particular circumstances described by EPE, good cause exists to allow EPE to exceed the one-mile limitation in P.U.C. SVSST.R. 25.101 (c)(S)(A). 7. This application does not constitute a major rate proceeding as defined by P.U.C. PROC. R. 22.2. 8. The requirements for informal disposition pursuant to P.U.C. PROC. R. 22.35 have been met in this proceeding except for subsection (b)(2), which requires the proposed order to be served on all parties no less than 20 days before the Commission is scheduled to consider the application in an open meeting. Pursuant to P.U.C. PROC. R. 22.5(b), good cause exists to waive the 20-day requirement of P.U.C. PROC.R. 22.35(b)(2) to allow consideration of this matter at the Commission’s June20, 2006 to permit EPE to accommodate the construction schedule projected by the U.S. Army Corps of Engineers. 111. Ordering Paragraphs In accordance with the findings of fact and conclusions of law, the Commission issues the following order: 1. EPE’s application for a good cause exception to P.U.C. SVSST. R. 25.101(b) is granted. 2. EPE shall report construction of the prop6sed transmission facilities discussed above as if the exception in P.U.C. SVSST. R. 25.101(c)(5)(A) applies to the project. DOCKET NO. 32786 ORDER PAGE 5 OF 5 3. All other motions, requests for specific findings of fact or conclusions of law, and any other requests for general or specific relief; if not expressly granted, are denied. SIGNED AT AUSTIN, TEXAS the A6&ay of July 2006. PUBLIC UTILITY COMMISSION OF TEXAS // B- B- .SMITHEM ,COMMISSIONER .
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