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Transcript Exhibit(s)

Docket #(s): \:l30008F-999490 00\'~\4\

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DOCKETED BY o ACRA Arizona Reporting Service, Inc.

NCRA.. Arizona Court Reporters Association Court Reporting & Videoconferencing Center M E M B E R Guardians of the Record e-mail: [email protected] www.az-reporting.'RECEIVED Marta T. Hetzer Suite 502 Administrator/Owner \8 2200 North Central Avenue 2889 JUL lLiF9 2: Phoenix, AZ 85004-1481

a Ru a § MAIN (602) 274-9944 L 4 1_ Mia a 1 \ FAX (602) 277-4264 ,urJcéitT°Eo:lT§oC To: Docket Control

Date : July 14, 2009

Re : UNS / Vail to Valencia L-00000F-09-0190-00144 Line Siring Committee Case No. 144 Volumes I through V Concluded June 2 through July 9, 2009

STATUS OF ORIGINAL EXHIBITS

FILED WITH DOCKET CONTROL

Applicant (UNS Exhibits)

1 Admitted 2 Not Utilized 3 Admitted 4 Not Utilized 5 Admitted 6 Not Utilized 7 Admitted 8 Not Utilized 9-12 Admitted 21- 23 Admitted 2 4 Not offered 25~26 Admitted COMMITTEE (COM Exhibits

Admitted Public Comment Admitted

MAGRUDER (MM Exhibits)

1-8 Admitted 9 Denied 10-12 Admitted 13 Denied 15-19 Admitted 20 Not Offered 21 Admitted

ELIZABETH WEBB (EW Exhibits)

1 Admitted 2-3 Not Admitted 4-5 Admitted 7-8 Admitted 9 Not Admitted 10 Deferred 11-19 Admitted 22 Admitted ORIGINAL EXHIBITS RETURNED TO PAR TIES

MAGRUDER (MM Exhibits)

14 Withdrawn

ELIZABETH WEBB (EW Exhibits)

6 Withdrawn

EXHIBITS NOT GIVEN TO THE COURT REPORTER

APPLICANT (UNS Exhibits)

13-20 Not Utilized

ELIZABETH WEBB (EW Exhibits)

20-21 Not Offered

Copy to: John Foreman, Chairman Michael P. Kearns, Interim Executive Director J. Matthew Derstine, Esq. and Marc Jerden, Esq., for UNS Elizabeth Buchroeder Webb Marshall Magruder rt

9

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Data Request E Webb 5. What planned role (current economic condition not withstanding) does the Vail Substation (either the l38kva or El-Iv) have in the renewable energy ~field'? Data Request E Webb 5a What organizations has TEP worked with towards renewable energy and related transmission line corridor planning in relation to renewable energy? Please list. Data Request E Webb 5b. If TEP has not worked with any organizations but has worked independently, please list this.

RESPONSE: Objection: Beyond the scope of the Committee proceedings and is irrelevant to the determination of environmental compatibility and need for the Project. Without waiving the objection, UNS Electric provides the following response:

The Vail Substation is a potential connection point for any renewable energy prob acts that might be built in the vicinity of the site. In addition it is connected to the regional electric grid and allows any patty interconnected at the site to access renewables that are connected to the grid.

Ar The major effort within the state is the Arizona Renewable Resource and Transmission 1denz'wcation Subcommittee (ARRTIS) that is a part of the South West Area Transmission Study (SWAT) group. This group is working to respond to issues in the Commission's Biennial Transmission Assessment requesting the utilities in Arizona to identify transmission projects to promote renewable energy. b. See the response to E Webb 5a above.

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I Arizona Corporation Commission Docket No. L-00000F-09-0190-00144~ Case #144 Vail to Valencia Public Comment

I I Chairman John Foreman Arizona Power Plant and Transmission Line Siting Committee

Dear ChairmanForeman and Membersof the Committee,

My name is J.J. Lamb and I live 'm New Tucson,one of the many small communities in the VaiVCienega corridor. New Tucson is eastof the proposed transmission line upgrade and new interconnection to the Vail Substation and is actually served by TRICO Electric. I write asa community volunteer and registered voter inPima County. I am a volunteer co-director of the Vail Preservation Society and I am a native Tucsonan. I hold a BA in history and have also lived in Europe for several years. daughter read my comments to the Commissioners at the public meeting on August 18th 2008 concerning TEP line site case #137 (Decision 70469). Some areas of concern my daughter read for me at that meeting are of concern now.

1.) "I feel strongly that protecting the cultural and historical integrity of a community makes it stronger and its members more vested inits natural and cultural resources that make that community a special place to live. She alsoreadof the "Vail Preservation Society's interests in helping TEP work with community sensitive safety and visual issues in fledgling historic districts." The Vail Preservation Society's boundaries written in its strategic plan extend westward to Wilmot Rd.

In addition to the comments before the Commissioners on August 18'*' 2009, I spoke at call to the audience on the opening day of theevidentiary hearing for Line Site Case 137 on February 19 2008 and said "We would also like to request that we be added to your contact list of area stakeholders" I

It saddens me to note that there was not an Open Househeld in the VaiVCoronaDe Tucson area regarding Line Site Case 144.I was in attendance when Commissioner Mayesstated that there should be aggressive upfront outreach to communities. i 1 It is for the above reasons that I respectfully request the Committee add a condition for a Citizen's Advisory Council to the Certificate of Environmental Compatibility, should it be granted to avoid contusion over transmission planning. i

2. Secondly, at the meeting on August 18 2009 my daughter read of my concerns regarding pole color. l would like to request that any monopoles located adjacent to areas with existing steel lattice towers or placed in "virgin" areas against open sky or distant I mountains have a galvanized steel finish.

Other concernsinclude the potential use of the proposed Vail Substation as a gas~fu°cdpower plant;it is my understanding that the City of Tucson approved zoning for this purposeand any potential use of this line for the proposed Rosemont line.

Thank YOU, Arizona Coloration Commission Dated this 25th day of May 2009 J.J. D{3i_.,*rQETED M in/wi 2009

Vail, Az 85641 ¢¢.A-!|l4» s... \21J4¢\L. P-.l (520)419B=4428 l3CL»ls. . r WL.J.- I an* ; f

1 _ » Pursuant to AAC R14-3-204 ..» » .. , ~4» J Original and 25 copies of the foregoing are tiled with L_; ""

Docket Control (25 copies) Arizona Corporation Commission 1 1200 West Washington Street

Phoenix, Arizona 85007-2927 r.-..

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i I Dear Chairman Foreman and Members of the Arizona Power Plant and Transmission Line Siting Committee, i I am a customer of Tucson Electric Power (TEP), webmaster of AzHighway83.com, small business Owner, and I t member of the Empire Fagan Coalition, a long time resident of Vail, located south and east of the Vail Substation I I and the proposed project. In this case I write with the following concerns that I wrote to the commissioners regarding the TEP Llne Site Case 137.

Many areas of concern were similar t o the areas of concern now.

1. Public Outreach by the utility companies. In Line Site Case 144 as there was no public meeting held in Vail or Corona de Tucson. 2. Potential use of the Vail Substation as a gas fired power plant. TEP had the land up zoned by the City of Tucson for this purpose. 3. Structure color. We request any new transmission structures installed next to existing lattice structures be constructed of galvanized steel. In virginal areas with sky and mountains as a backdrop we would also request galvanized steel. One concern I did not comment in TEP line site case 137 is the possibility of the "Vail to Kantor" line (if line site case 144 is granted a certificate an environmental compatibility) as one alternative route for a power source to the Rosemont Mine. The Vail substation is currently pictured on TEP's Transmission Line Projects under Rosemont Mine as one of the starting locations. The Rosemont Mine is opposed vehemently in Southern Arizona.

i A second concern as a TEP customer is the exporting of power to a community far south of the Vail Substation I I when It was mentioned several times in Line Site Case 137 that there were constraints on the Vail Substation via 1 4 transmission line length. I question how much of this case is about providing reliable energy to Santa Cruz I County and how much is about tying the Tucson Electric Power and UNS Electric regional grid together for future I projects. Is this the basis for granting a Certificate of Environmental Compatibility? I question the future cumulative environmental costs to my area, such as water and air quality, especially if a gas fired power plant, of any kind, is constructed in the vicinity of the Vail Substation. i I As the member of family in a growing region already threatened by many environmental polluters, I believe and request that our community should have a proactive role in transmission planning, (particularly since the Vail Substation is projected to have many projects in the next few years) and request that a Citizens' Advisory c Council, comprised of various community associations, emergency responders, and environmental groups be 1 added to the conditions of the Certificate of Environmental Compatibility, should it be granted.

Thank you, Dated this 25th day Qf May 2009

.,.»'7 g Arizona Comrzration Commission `s .» » ., ' a KI REGO D 4 .1 . I EE) < . 4 ».}

; 8 Kim Rego 4_,5

PO Box 786 I ~,) 0 Vail, Az 85641-0786 .ow www.azhiqhway83.cQm [email protected] *Q fa LU O Pursuant to AAC R14-3-204 Q

Original and 25 copies of the foregoing are tiled with Docket Control (25 copies) Arizona Corporation Commission I . 1200 West Washington Street I 9 l Phoenix, Arizona 85007-2927 .I I Arizona Corporation Commission Docket No. L-00000F_09.0190-00144 Case #144 - Vail to Valencia

Dear Chairman Foreman and Members of the Arizona Power Plant and Transmission Lme siring Committee,

I am a customer of Tucson Electric Power (TEP), Former Board Member of the Empire Fagan Coalition (broad based community coalition), previous resident of Sonoita, and a long time resident of Vail, located south and east of the Vail Substation and the proposed project.

I spoke to the Commissioners at the public meeting on August 18th 2008 concerning TEP Line Site Case #137 (Decision 73469) but due to time issues focused more on environmental issues.

Areas of concern now include:

1. Public Outreach by the utility companies. In Line Site Case 144 as there was no public meeting held in Vail or Corona de Tucson. 2. My perception is that people in my region are beginning to suffer from learned helplessness. Although the area has been overrun with obvious environmental polluters such as California Cement, W.R. Henderson, Kinder Morgan, El Paso Natural Gas, Tucson Electric Power, multiple cell towers and more, people often appear apathetic. This learned helpless comes when people feel that their opinion has no value or that it will make no difference that large corporations will do as they please anyhow. A Citizen's Advisory Council, composed of several local members who are involved from onset in transmission planning would foster a sense of ownership in the process. 3. Structure color. We request any new transmission structures installed next to existing lattice structures be constructed of galvanized steel. In virginal areas with sky and mountains as a backdrop we would also request galvanized steel. 4. I am concerned about the possibility of the "Vail to Kantor" line (if line site case 144 is granted a certificate an environmental compatibility) as one alternative route for a power source to the Rosemont Mine. The Vail Substation is currently pictured on TEP's Transmission Line Projects under Rosemont Mine as one of the starting locations. The Rosemont Mine is opposed vehemently in Southern Arizona.

A second concern as a TEP customer is the exporting of power to a community far south of the Vail Substation when it was mentioned several times in Line Site Case 137 that there were constraints on the Vail Substation via transmission line length. I question how much of this case is about providing reliable energy to Santa Cruz County and how much is about tying the Tucson Electric Power and UNS Electric regional grid together for future projects. Is this the basis for granting a Certificate of i ! Environmental Compatibility? I question the iiuture cumulative environmental costs to my area, such as water and air quality, I especially if a gas fired power plant, of any kind, is constructed in the vicinity of the Vail Substation.

A s the member of family in a growing region already threatened by many environmental polluters, I believe and request that our community should have a proactive role in transmission planning, (particularly since the Vail Substation is projected to have many projects in the next few years) and request that a Citizens' Advisory Council, comprised of various community associations, emergency responders, and environmental groups be added to the conditions of the Certificate of Environmental Compatibility, should it be granted.

Think you, I Dates; ` 25th_ day of May 2009 Arizona Lim Original and 25 copies of the foregoing are filed with 4 . . q 5 -J .q§ i Docket Control (25 copies) m I Arizona Corporation Commission 1200 West Washington Street Phoenix, Arizona 850D7-2927 6sx 4- 3=1

Arizona Corporation- Commission Docket No. L-00000F-09-0190-00144 -Case #144 Vail to Valencia

Dear Chairman Foreman and Members of the Committee,

My name is James Webb and l am a resident in the Empire Mountains SE of Vail, Arizona and a member of the Hilton Ranch Community Association. Additionally, I am the Manufacturing and Process Engineer v at Sargent Controls and Aerospace in Mara fa Arizonaand have a master's degree in Research and v Development Technology.

I

I l spoke in front of the Commissioners at the August 1801 2008 Open Hearing regarding my concerns in TEP line site case 137. I have concerns in UNS Electric's line site case 144 as well.

My biggest concern is attached from Rosemont Copper's Mine Plan of Operations, downloaded today, May 25111 2009, from the Augusta Resources website http://www.augustaresource.com/upload/Plan__of__Operations/2.7__Electrical__Power__Supply.pdtl.The MPO speaks of two alternatives to provide power to the proposed Rosemont Copper project from a planned transmission line (Vail to Kantor) that did not exist when the MPO was written. In fact, it does not exist today. It will only exist if the Committee chooses to grant a CEC in line site case 144. The MPO

was revision date is 7/09/2007. I • This date is approximately 5+ months before a community meeting was held to notify the i Vail community of the Evidentiary Hearing in line site case 137. This date is 13 months prior to a decision in Line Site case 137. This date is approximately 6 months prior to the Agency and Tribal Mailing List for line site case 144 This date is approximately 7 months before the Open House for the Vail to Valencia line was held in Rio Rico Az and then many months later than every subsequent Open House for the project. My question to the Committee is this. How is it that an in-permitted, non-approved project (especially in 2007) that is as opposed in Southern Arizona as Rosemont Copper had more prior knowledge of the Vail to Valencia upgrade than the general public-in some cases by more than a year? There was never a meeting in Vail or Corona, although the Vail Substation is within the Vail School District boundaries and we had just been impacted by Line Site Case 137.

This is completely unacceptable. A Citizens Advisory Council composed of local citizenry should be added to the conditions of the Certificate of Environmental Compatibility -should it be issued. We deserve to know what is happening with transmission planning in our neighborhoods and communities in a timely fashion H

Thank you, r Dated this 25th 1 I ( _ 3 _,. r ~ 4

a n i c a a Arizona_ Comoratinn Commission I James / c o r n : u 1; .s" . '°\ 17451 E. Hilton Ranch Rd. €'7C3 3 : i ET»1»..f3 .v _,cKE I LD : c s m 1 Vail, AZ 85741-2032. F"1'€8 - ' < o f\J i- . * R a Pursuant to AAC RI4-3-204 C" E Original and 25 copies of the foregoing are filed with ...pu-m- I naw-1hl QS »_ .. ../ < l}(J\..-m; L- 1 -' L 1> Docket Control :o w m Arizona Corporation Commission Que 1 9 U 1200 West Washington Street ._...,¢-» i ______,_,_,,,..--....-... f"E? NO 1 Phoenix, Arizona 85007-2927 .JZ i I

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i Arizona Corporation Commission Docket No. L-»00000 F-09-0]90-00144 Case #I44 Vail to Valencia Public Comment

Chairman John Foreman Arizona Power Plant and Transmission Line Siring Committee

Dear Chairman Fons ran and Members of the Committee,

As President of the Santa Rita Foothills Community Association l write to you with the following concerns about the proposed Vail Substation siring tentatively to be located west of the unincorporated village of Corona dh Tucson where my family andIhave made our home for the past 33 years.

I spoke to the Commissioners at the public meeting on August l8th 2008 concerning TEP line site case #l37. The areas of concern I addressed at that meeting are of concern now.

l.) Lack of public outreach on the part of the utility company; to date there hoe been no public meeting in Vail or in Corona dh Tucson concerning the placement of the proposed line in Case # l44.

2.) Potential use of the proposed Vail Substation as a gas-tired power plant; it is my understanding that the City of Tucson approved zoning for this purpose.

3.) Structure appearance, we request any and all new transmission structures installed next to existing lattice structures be constructed of

galvanized steel. Our village nestles in an area of the Sonoran Desert with a unique beauty. Lest the landscape be blighted in virginal areas : with a backdrop of the majestic mountains that sun'ound us and the unmarred vision of the vast Arizona sky, we request galvanized steel structures be used as well. These structures weather and will better blend into the environment than any other alterative. l

[did not address the possibility of the proposed Vail to Kantor line at the August lath meeting of the Commission. If site case #I44 is granted a certificate of environmental compatibility, it would provide an alterative route for a power source to the proposed Rosemont Mine. The • I Vail Substation is listed on TEP's transmission line projects under Rosemont Mine as one of the initial locations. The Rosemont Mine is I vehemently opposed by the residents of Corona do '1`ucson and residents of hamlets, villages, ranches and country homes throughout Southern Arizona. The fight is ongoing and will not he easily won by the foreign mining conglomerate proposing an open pit mine that will forever scar our beloved desert.

Corona dh Tucsonis agrowing community with roots sunk deep in our rural desert and a population ready and willing to protect our stark, yet I t beautiful landscape and the wilderness thatsurrounds us.We deserve a role in transmission lineplanning. We requestthe appointment of an Advisory Council comprised of community,neighborhood and homeowners associations,emergencyresponders, environmental groups and other interested parties be added to the conditions to the granting of any proposedCcrtiiicate ofEnvironmentalCompatibility. I

| Arizona Corporation Commission Thank you, ED Dated this 25th day of May 2009 \j){jȣ.T.%

1 \ 4; 4 | By: SaI1dra M Whitehouse Mgk £ 48 5999

Sandra M. Whitehouse _s Q0QKETF i} \.8`I' \1 1 > 139 West Camino del Empcrador re ?--E <*"J x ll* *~ Corona, AZ 85741-2032. cm 4 ...J . f J * ( .3 €j_.j8 uni'Q **I1S;r[\:l *M 'ow§ 3 a 3 R ¢»" r n ;=:»- i Pursuant to AAC R14-3~204 r11 -is " . ° i c '> I* ;> §"'"W a r 3 Original and 25 copies of the foregoing are tiicd with ow-nu <33 Docket Control (25 copies) n-5j"'~ > Arizona Corporation Commission iris 1200 West Washington Street 4 w Phoenix, Arizona 85007-2927 re ¢».» .... cm 1 l 4*

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: 1 ! I o I Dear Cirabvnan 'Foreman and Member: of the Arizona7>ower7'lant and 1?an§m4k§1brI /Jne§a%b13 Comm¢Z16ee.

I*i1name pk Allan a/ebb and I we/ be a §encbr 61 the Yail §chaol Dvklra the mean For the lad fee z{eav;< /have watched anal helped mo mother and other; in our neighborhood do commanév service (De have tried to fght againfé and even work with cornpame§ trqhvq to come iv and pollaée our area. 0/e have Med to gel pale anal libraries For l

penal and #one was her then. 0/e do noN ever: live Hz the actual place where the other cage happeneal and we ala mol la/e in the actual place where Rh/l< cafe Lr happemhg e¢%hen My /(om anal M I(agmder do ash ,Ag became no one else null 16 seem; that was/ lo me anyhow.. 'Please con§Mer the amount of eleclvic projeclf #here will be aN the future There are aheaaf to mama eleclrak tower: anal laNe; m our area One of the u>or;t HuNg; L; the amount olpmoneu ate Na; to ;penal to ;end all of the paper; to 'Plloenba I remember at the last ca;e on the last dau about e oftlre people alto were had been on the eommttteejUnt p ttteir paper; tlvere for the garbage You coulal;ee that had not even readtbe paper; mu Hom aalto copy anal I lradto put togetlwen M( /@m made me pay op the ftallpa .ouH ab Mart pretenaltlreu are interested It we; uncomfortable watching mt( Mom at tire last trrhl becau;e ;tie M not knew wlzat I

a ;be we; aloNg. But ;t»e true;, I

lalont thtvk #184 ;would /yare to go to a teel Lrlze cola/ cant the electrrk compact{JU;t con;¢21erwlvat tire people want or be bone;t mM tlvemabout what tk 9obvg to Nappen? (1/lw{ cant tire electro company bargain watt the people before tote trial to male fire tlttng; are of for the communétte;? (4lll4 do the/ wart to the last mbwute ;o mu Mom 4; mnmNg aroundto meeting;and-

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Arizona Corporation Commission - Docket No. L-00000F-09-0190-00144 - Case #144 - Val

Dear Chairman Foreman and Members of the Arizona Power Plant and Transmission Line Siring Committee,

I am a customer of Tucson Electric Power (TEP) and a resident of Vail, Arizona. I am writing about the following concerns regarding the proposed relocation of the transmission line to Nogales, Arizona from the Nogales Substation located at Wilmot I Rd to the Vail Substation, located at Rita Rd. ! i I I. Public Outreach by the utility companies. In this case, Line Site Case 144, there was no public meeting held in Vail or

1 Corona dh Tucson. I 2. Potential use of the Vail Substation as a gas fired power plant. TEP had the land up zoned by the City of Tucson for this purpose. How many cumulative impacts from environmental polluters should this area sustain?

3. Structure color. We request any new transmission structures installed next to existing lattice structures be constructed of galvanized steel. In virginal areas with sky and mountains as a backdrop we would also request galvanized steel.

4. The possibility of the "Vail to Kantor" line (if line site case 144 is granted a certificate an environmental compatibility) as one alternative route for a power source to the Rosemont Mine. The Vail Substation is currently pictured on TEP's Transmission Line Projects as one of the alterative starting locations for the proposed Rosemont Mine. The Vail to Kantor line is listed in two of Rosemont Copper's proposed alternatives on Augusta Resources website as of May 25111, 2009. My question is this. If the Vail to Valencialine is granted a certificate, can it be used with any connection to the proposed Rosemont Mine? Or, with a cross territory agreement to circumvent the two county rule? The Rosemont Mine is opposed vehemently in Southern Arizona.

5. Concern as a TEP customer at the exporting of power to a community far south of the Vail Substation when it was mentioned several times in the Cienega substation (137) that there were constraints on the Vail Substation via transmission line length. l question how much of this case is about providing reliable energy to Santa Cruz County and how much is about tying the Tucson Electric Power and UNS Electric regional grid together for future projects. Is this the basis for granting a Certificate of Environmental Compatibility? I question the futurecumulative environmental costs to my area, such as visual impacts, water and air quality and more.

As the memberof family in a growing region already threatened by many environmental polluters, l believe and request that

our community have a proactive role in neighborhood and regional transmission planning, (particularly since the Vail l 1 Substation is anticipated to have many projects in the next few years) and request that a Citizens' Advisory Council, comprised of various community associations, emergency responders, and environmental groups be added to the conditions of the Certificate of Environmental Compatibility, should it be granted.

Thank you, 5/27/09

Melvin Kolba

'wu l"\~.,) C" 1" "mu »;::;:3 CZ.""'.'l ~ J 1 * . I -....'.:.1 I MELVIN KOLBA 30 " r :my tr: gt: 8.8- m 1 3 1 *»~»-J -< r ~ q l.g.; PO Box 786 ""Y CO I T\J I Vail, AZ 85641 F; C ...D re_ cs [email protected] ration Commission **v x I Arizona Lorpry 3 > < |_ Lt 93. L"'"' ' * l w i r '~ m : 118 CO ,?'" * O • I Pursuant to AAC R14-3-204 * M :J e 4 : F 5\ r Qt "5 ;» Original and 25 copies of the foregoing are filed with Qt | A I -D 1 L I Docket Control (25 copies) I ! Arizona Corporation Commission 1200 West Washington Street • Phoenix, Arizona 85007-2927 l 1

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Arizona Corporation Commission - Docket No. L-00000F-09-0190-00144 - Case #144 - Vail to Valencia - Pl

Dear Chairman Foreman and Members of the Arizona Power Plant and Transmission Line Siting Committee, i

I I I am a customer of Tucson Electric Power (TEP). My family and I live "between the tracks" in Vail, AZ. Additionally, I own

I Data Systems Group Inc., computer consulting and networking and local internet provider. View shed is very important to my community and it is already traversed by multiple lattice structures and cell towers. I am writing about the following concerns regarding the proposed relocation of the transmission line to Nogales, Arizona from the Nogales Substation located at Wilmot Rd to the Vail Substation, located at Rita Rd.

1. Public Outreach by the utility companies. In this case, Line Site Case 14-4, there was no public meeting held in Vail, or Corona dh Tucson.

2. Potential use of the Vail Substation as a gas Eyed power plant. TEP had the land up zoned by the City of Tucson just South of Rita Ranch for this purpose. How many cumulative impacts iron environmental polluters should this area sustain?

3. Structure color. We request any new transmission structures installed next to existing lattice structures be constructed of galvanized steel. In virginal areas with sky and mountains as a backdrop we would also request galvanized steel..

4. Concern as a TEP customer at the exporting of power to a community far south of the Vail Substation when it was mentioned several times in the Cienega sudation (137) that there were constraints on the Vail Substation via transmission line length. I question how much of this case is about providing reliable energy to Santa Cruz County and how much is about tying the Tucson Electric Power and UNS Electric regional grid together for future projects. Is this the basis for granting a Certificate of Environmental Compatibility? I question the future cumulative environmental costs to my area, such as visual k impacts, water and air quality and more. I Bread the article in the Tucson Weekly today where Joe Salkowsld is quoted as saying "the situation is not one of outages...as much as long tem reliability" Nowhere in the "Lack of Redundacy" article by Dave Devine in the May 24"' edition of the lI Tucson Weekly does it mention that the line is anything but a system upgrade. I am concerned because this project at the north I l end 'involves construction of a completely new transmission line to the Vail Substation. It is by no means strictly an "upgrade" l of an existing line. I

As the member of family in a growing region already threatened by many environmental polluters, I believe and request that our community have a proactive role in neighborhood and regional transmission planning, (particularly since the Vail

I Substation is anticipated to have many projects in the next few years) and request that a Citizens' Advisory Council, comprised x of various community associations, emergency responders, and environment groups be added to the conditions of the Certificate of Environmental Compatibility, should it be granted.

Thank you, 5/27/09

r"--.a 13 I"-.4 c:::: o z : Stan Lalli CL* €*7: * c y QI- *9 p49 9 * PO 1023 m J §;,-u» m " U - - < van, Az 'i wax o 3 L .* l`\J ; (520)762-8896 <"> C121 _o I Q 9 3 8 : An'zona Corporation£ g Commission* .rt *"LU --...I -it < .Ur M 4 > ; E-..\l I E, g 3 3 a n in J : In \._ - _ Pursuant to AAC R14-3-204 \ * ..»\4 C21 'L J

I \ Arizona Corporation Commission - Docket No. L-00000F-09-0190-00144 - Case #144 - Va

Dear Chairman Foreman and Members of the Arizona Power Plant and TransmissionLine Siting Committee,

I am a customer of Tucson Electric Power (TEP) and a resident of Vail, Arizona, although my home is south of Corona dh Tucson in the Santa Rita Foothills. View shed is very important to my community and it is already traversed by multiple lattice

I structures to the north. Additionally, my family has owned Vail Feed between the tracks in Historic Vail, AZ since the early 1 l970's . I am writing about the following concerns regarding the proposed relocation of the transmission line to Nogales,

{ l : Arizona from the Nogales Substation located at Wilmot Rd to the Vail Substation, located at Rita Rd.

I i 1. Public Outreach by the utility companies. In this case, Line Site Case 144, there was no public meeting held in Vail, Rita

i Ranch or Corona de Tucson.

I i 2. Potential use of the Vail Substation as a gas fired power plant. TEP had the land up zoned by the City of Tucson just South of Rita Ranch for this purpose. How many cumulative impacts from environmental polluters should this area sustain?

3. Structure color. We request any new transmission structures installed next to existing lattice structures be constructed of galvanized steel. In virginal areas with sky and mountains as a backdrop we would also request galvanized steel..

4. Concern as a TEP customer at the exporting of power to a community far south of the Vail Substation when it was mentioned several times in the Cienega substation (137) that there were constraints on the Vail Substation via transmission line length. I question how much of this case is about providing reliable energy to Santa Cruz County and how much is about tying the Tucson Electric Power and UNS Electric regional grid together for future projects. Is this the basis for granting a Certificate of Environmental Compatibility? I question the future cumulative environmental costs to my area, such as visual impacts, water and air quality and more.

Bread the article in the Tucson Weekly today where Joe Salkowski is quoted as saying "the situation is not one of outages...as much as long tem reliability" Nowhere in the "Lack of Redundacy" article by Dave Devine in the May 24"' edition of the Tucson Weekly does it mention that the line is anything but a system upgrade. I am concerned because this project at the north end involves construction of a completely new transmission line to the Vail Substaldon. It is by no means strictly an "upgrade" of an existing line.

As the member of family in a growing region already threatened by many environmental polluters, I believe and request that our community have a proactive role in neighborhood and regional transmission planning, (particularly since the Vail Substation is anticipated to have many projects in the next few years) and request that a Citizens' Advisory Council, comprised of various community associations, emergency responders, and environmental groups be added to the conditions of the Certificate of Environmental Compatibility, should it be granted.

Thank y011, 5/27/09 ,I e I * / . ¢3"...¢¢-»{$-»'C c 4,. j"° . Cj8f-3 125 $30 r <`>c:> 1 ¢~.¢- Pa Kelley L . cl m 2.21- m 11366 s. Vail Rd. f71"Z; CU " i v f\) vai1,Az CWC: .D m (520)762-5301 8 : 2 .__,HZ J`> 2 :an Q:'v m Arizona Cnmoration Commission * I 24 . .3='urTI" I " 4 O 1 Pursuant to AAC R14-3-204 .Cr 1 FD ...L_ -J Original and 25 copies of the foregoing are tiled with I 1 T 9. lg . s Docket Control (25 copies) d S ' r J I Arizona Corporation Commission I 51 1 .» I r 1200 West Washington Street *H I x. ; i`\**\*\\\ Q \ l, Phoenix, Arizona 85007-2927 I I w a - `. .=-.. l 4---r"¢ 1- E I I I ,»1;" n m. -v

Arizona Corporation Commission - Docket No. L-00000F-09.0190-00144 - Case #144 - V:

Dear Chairman Foreman and Members of the Arizona Power Plant and Transmission Lime Siding committee,

I am a customer of Tucson Electric Power (TEP) and a resident of Rita Ralf ch in SE Tucson, Arizona. I am writing about the following concerns regarding the proposed relocation of the transmission line to Nogales, Arizona from the Nogales Substation located at Wilmot Rd tO the am Substation, located at Rita Rd.

1. Public Outreach by the utility companies. In this case, Line Site Case 144, there was no public meeting held in Vail, Rita Ranch or Corona dh Tucson.

I 2. Potential use of the Vail Substation as a gas filed power plant. TEP had the land up zoned by the City of Tucson just South I I I of Rita Ranch for this purpose. Mary Arm Cleveland, a community activist from Rita Ranch fought against this rezone. How many cumulative impacts Hom environmental polluters should this area sustain?

3. Structure color. We request any new transmission structures installed next to existing lattice structures be constructed of galvanized steel. In virginal areas with sky and mountains as a backdrop we would also request galvanized steel..

4. Concern as a TEP customer at the exporting of power to a community far south of the Vail Substation when it was mentioned several times in the Cienega substation (137) that there were constraints on the Vail Substation via transmission line length. I question how much of this case is about providing reliable energy to Santa Cruz County and how much is about tying the Tucson Electric Power and UNS Electric regions grid together for future projects. Is this the basis for granting a Certificate of Environmental Compatibility? I question the future cumulative environmental costs to my area, such as visual impacts, water and air quality and more. i I read the article in the Tucson Weekly Kodaly where Joe Salkowski is quoted as saying "the situation is not one of outages...as much as long term reliability" Nowhere in the "Lack of Redundacy" article by Dave Devine in the May 24"' edition of the Tucson Weekly does it mention that the line is anything but a system upgrade. I am concerned because this project at the north end involves construction of a completely new transmission line to the Vail Substation. It is by no means strictly an "upgrade" of an existing line.

I

As the memberof family in a growing region already Ilhreatenedby many environmental polluters, I believe and request that I I our community have a promive role in neighborhood and regional transmission planning, (particularly since the Vail Substation is anticipated to have many projects in the next few years) and request that a Citizens' Advisory Council, comprised of various cormmmity associations, emergency responders, and environmental groups be added to the conditions of the Certificate of Environmental Compatibility, should it be granted.

4 Thank y 9 I 5/27/

P°°-J [3 f'" 4 ctr.: Ron and Sue Hermes i t s m T! . a s 30 10233 B. C3116 Costa del Sol (, CQ! °.§'iT'. I :in 'p\3 D.:- m I Tucson, AZ 84747 m "YJ --< 0 I I (520)490-4798 --4 c*:> l`\J 1 c":» CQ; _D __m I CO w I ;'_*<" < Arizona Corporation Gommzssion .-...I ....*I > |.l¢- h.* - v -- ¥ s m Pursuant to AAC R14-3-204 CI: 43 I CD Original and 25 copies of the foregoing are filed with ! 4: 1 a .. __\ 1 -s r O' 1 Docket Control (25 copies) \\*1 » i " !e'* Arizona Corporation Commission .. ».,r.»~»». 4 v 1200 West Washington Street I 1 Phoenix, Arizona 85007-2927

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I i Arizona Corporation Commission - Docket No. L-0000017-09-0]90-00144 - Case #144 Vail to Valencia - Publi

Dear Chairman Foreman and Members of the Arizona Power Plant and Transmission Line Siting Lunnmnwti,

I am a customer of Tucson Electric Power (TEP). My Eslmily and I live in New Dawn Estates in Vail, AZ. Our community just went through a long and drawn out process with Line Site Case 137 and the Cienega Substation siring process with the City of Tucson. Fortunately, we were able to work cohesively with TEP to a positive end in that case. i I Additionally, as the Chailrpea'son for the first annual 'Tis the Season Tice Lighting "Between the Tracks" in Vail, AZ, I am I ! happy to say that TBP made the lighting ceremony possible with its donation. That is the way it should be; Communities and l Corporations working together. Today; however, l am writing about the following concerns regarding the proposed relocation I of the transmission line to Nogales, Arizona from die Nogales Substation located at Wilmot Rd to the Vail Subfstntion, located I s at Rita Rd. ! 1. Public Outreach by the utility companies. In this case, Line Site Case 144, there was no public meeting held in Vail, or Corona De Tucson. I thought things were going to change alia the Cienega/Mountain View case.

2. Potential use of the Vail Substation as a gas fixed power plant. TEP had the land up zoned by the City of Tucson just South of Rita Ranch for this purpose. How many cumulative impacts from environmental polluters should this area sustain?

3. Structure color. We request any new Wansunission slmcturcs installed next to assisting lattice structures be constructed of gnlvanizned steel. In virgillll meas with sky and mountains as a bluckdvnp we would also request galvanivcd steel..

4. Concern as a TOP customer at the exporting of power to a community for south of the Vail Subsection when it was mentioned several times in the Cienega substation (137) that tllew were constraints on the Vail Subsvtation via transmission lime length. 9 qugzstinn how much of this casa is about providing reliable energy to Santa Cruz County and how much is about tyi1l\g the Tucson Electric Power and UNS Electric rcgioual grid tngothcr for future projects. is this the basis for granting a i Certificate ofF.nvix~ou\mcmal Compatibility? I question the future cumulative environmental costs to my arm. such as visual 1 impacts, water and air quality and more.

I read Thu mticlc in the Turxmn Wrrwukly Mday when: ,foe Snlkowski is quoted as saying "the simaticn is not one of outages...as i much as long tend reliability" Nowhere in the "Lack of Rledundacy" article by Dave Devine in the May 24° edition of the r 'l"\l(:sol1 Weekly liucs it mmstinn that the line is anything but a system upgrade. i am concealed because allis project at the north I end involves cculstmctictll of completely new transmission line tithe Vail Substamicm. It is by no means strictly an "upguldep of an existing line.

As the member of family in a growing region already dueatelwd by many environmental polluters, ad someone who span a vast amount of time on the City of Tucson Cienega Suhstalicm permitting process, I inquest that a Citizau' Advisory Council, of-anprismi at' various community zumciatiaaass, emergency nuspondels, and environmental groups be added w the comditiouls of I tmc¢lafi¢amfE»~~wlm»¢nuIcomwwibilify,=hwldi1b°s»w=¢. 1 a i Thank you i I 5/28/Q I 5 I

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Arizona Corporation Commission Docket No. L-00000F-09-0190-00144 Case #144 Vail to '

bloc Comment

Dear Chairman Foreman and Members of the Arizona Power Plant and Transmission Line Siring Committee,

I am a customer of TucsonElectric Power.I am also a resident alonga designated Scenic Arizona Scenic Highway in Vail, AZ, SR 83 in the Empire Mountains in Supervisor Ray Can'olTs District 4. I write today as a spokesmanfor the Hilton Ranch Road Community Association,a registered NeighborhoodAssociation with Pima County in the vicinity of the proposed Vail to Valenciaproject. Please see the attached letter signed by several members of our Community Association in regard to concerns about Case 144.

I also have a few personal concerns I would like to shoe with you as well.

When I spoke inHort of the Commissioners on August 18"'2008, Commissioner Mayes made the comment to me after I spoke: "...And so I hope that going forWard the company learns a lessonfrom this casefrom its customers, which is you need to maximumoutreach prior to do any ease being fled and also multiple alternatives have to be ordered SoI commend everybody who has been involved in this easefor making thosepoints. "

It doesn't seem like much changed with this case,which was 'filed about eight months after these comments were made.

It is my understanding 'firm reading the transcripts online that TEP intends to share the cost of a large 345kvA transformer with UNS Electric, indeed potentiallybearingthe majority of the cost for "future capacity" of 552 megawatts worth of a transformer. If this is thecase why weren't we as customers of TEP and members of a community organization in the vicinity of the proposed project notified of this? Why were the notices written to imply that this project was merely an upgrade with a few minor changes? Cost is not the only issue. It is the idea of TEP receiving 552 megawatts of power without having to justify the need or say where it is going that is disturbing.

i Just because all of us from our community do not waste the physical resources and time to attend meetings held outside of our mea does not mean we do communicate with each other. We are a predominately working class neighborhood and many of us have long commutes and we are tired at the end of the day. Gas is expensive too.

e place a certain amount of trust in the fact that individuals in our community have settled into certain roles with certain responsibilities. It st sort of happened that way. Elizabeth Webb is the one who typically attends electric events and reports back. She may not represent all of us, but she keeps us informed. If she can't make electricmeetings, such as the Rosemontproject meeting that was held in March at Acacia Elementary, we are sure to have someone else there. [know she attended three separate meetings about this particular project, Case 144. I maintain our website, attend specific environmental meetings, report back via email and typically chair neighborhood meetings. We have others in our community who are responsible for other local issues. Others are responsible for food and beverage planning. Others plan and I attend public outreach events where we need a face. When we need a large cohesive effort that is when we come together. Thisis the way a 1 community conserves its limited resources.

z I also very concerned about the perceived attempt to diminish the role of theBLM in this case to the public. The Nogales substation is located on BLM property. The preferred alignment crosses BLM land. It is extremely difficult to see this (if at all) on any of the photos on the Unisource Energy Services website. It is not mentioned on the project display board for right of way on the Unisource Energy Website except 'm a very general way. "Establish positive long term relationshipsbetweenUnisource Energy Services and the landowner ". There is a case where the Commission granted a certificate eight years ago where the Forest Service still has not allowed access through its land in Southern Arizona. Doesn't it make sense to work with the federal agencies concurrently? Also, and very important to our community is that fact that we have future and foreseeable projects in the area as well as potential cumulative impacts

Again, I ask you to read the letter signed by many of the members of out Community Association with the mailing facilitated by me and take l these comments into consideration. i 's

I : =;:.r::> ! Thank You, 1 D Ted this 14th day of June 2009 Arizona Cnwatinn Commzssaon :G ! in. ¢""" an CJ f I t 1 4 ¢ » . » m I W | » ' . . *.* 4 .9 "5 5-.-» ED 1 l*T'l (3 l .--~i ` Kramp ._J http://www.hiltonroad.com/ n f l . . E 15560 E Hilltop Ranch Rd Docwztru BT m Vail, AZ 85641 \ CJ LAW Pursuant to AAC R14-3-204 .O Original and 25 copies of the foregoing are filed with Docket Control (26 copies)

I Arizona Corporation Commission 1200 West Washington Street 0 4

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Public Comment

Dear Chairman Foreman and Members of the Arizona Power Plant and Transmission Line Siring Committee,

We the undersigned are customers of Tucson Electric Power (TEP) and have some concerns regarding the proposed Vail to Valencia case before the Committee. We are also members of the Hilton Road Community Association. Our area is a very diverse one with very high end custom homes to more modest mobile homes. We have a mixture of retirees and younger couples with children steel] in school.

What we have in common in our rural landscape is a sense of responsibility to our community and a strong sense of unity. This is in part because we have little to no services in our region and have to depend on each other. A drive to the grocery store is now quite close since one was built in Rita Ranch at just about 16-20 miles from our homes. We do not live in a fire district, we pay to be included. We typically do not have cell phone service out here. Internet service in some places can only be provided by satellite.

I Our community has been left out lately in infrastructure and industrial land use issues that strongly impact our future and we expect that you will read our concerns and listen, as perhaps they will also echo the sentiments of other meal communities in Arizona.

Here are areas of specific concern and some suggestions for the future: 1. Public Outreach by the Utility Companies: In Line Site Case 144 dire was no public meeting held in Vail or Corona de Tucson. If a meeting is to be held in an area outside of our community, we would suggest that the notification given be done in a timely manner so that we may prepare and carpool. Or the Company could provide a shuttle. We would also suggest that meetings start later in the day so that our community would have time to arrive home or arrive at the meeting after work. 5 :30pm is too early. 6:00-6:30pm is more reasonable for a community that has many younger members.

i 2. Advertisement of Open Houses: Another important aspect of public outreach is clear concise information in the advertising for the meetings. Advertising construction of a completely new transmission line from a TEP substation after disconnecting it from a non-TEP substation to supply

E non-TEP customers as an "upgrade that would involve only anew changes to the existing transmission line route " is disingenuous. And that is how it was advertised in the newspaper for the May and Dec 2008 Open Houses in Tucson.

3. Availability of Information to TEP Customers. This project will use shared equipment between two

I utility companies and travel through TEP's service territory. We would suggest that future joint I projects have a listing on both websites just as the Sahuarita to Nogales project is listed on both websites with an explanation of the joint project. We would also suggest putting the website

I information on the newspaper advertisements for the Open Houses for diode who cannot attend. 1

4. Cooperating with Other Agencies. We suggest that the Committee work wide the BLM, on whose land the Nogales substation sits and where the preferred alignment in Segment lA would cross. There are cumulative impacts associated with several transmission lines, structures, and future projects in our area Additionally, the NEPA process requires social, economic and rural lifestyle issues to be i s

considered while Arizona only allows them to be considered. We sincerely hope you will take these factors into consideration under Total Environment when you make your decision about granting your conditions in this Certificate.

5. Vail to Kantor Line: The potential of this line to be used as Option I and 3 in Rosemont Mine's plan of Operations. As of today, June 14'*' 2009, the Vail to Kantor line which still does not exist, is listed on Augusta Resources website as two possible alternatives. It is our understanding that TEP has asked Rosemont to remove these two options firm Augusta Resource's website but it still has not done so. http://www.augustaresource.com/upload/Plan__of_Operations/2.7 Electrical Power_Supplv.Ddf http://www.augustaresource.com/section.asp?pageid=6320

This creates great unease about this project among residents in my community, as if TEP/UNS Electric is being disingenuous about this aspect as well.

61 Structure color. We request any new transmission structures installed next to existing lattice structures be constructed of galvanized steel. In virginal areas with sky and mountains as a backdrop we would also request galvanized steel. 7. Potential use of the Vail Substation as a gas tired power plant. TEP had the land up zoned by the City of Tucson for this purpose.

Another concern as a TEP customer is the exporting of power to a community far south of the Vail Substation when it was mentioned several times in Line Site Case 137 (Cienega) that there were constraints on the Vail Substation via transmission line length. I question how much of this case is about providing reliable energy to Santa Cruz County and how much is about tying the Tucson Electric Power and UNS Electric regional grid together for future projects. Is this the basis for granting a Certificate of Environmental Compatibility? We question the future cumulative environmental costs to my area, such as water and air quality, especially if a gas fired power plant, of any kind, is constructed in the vicinity of the Vail Substation..

Our families live in a growing region already threatened by many environmental polluters. We recommend our community have a proactive role in transmission planning, (particularly since the Vail Substation is expected to have many projects in the next few years) and request that a Citizens' Advisory Council, comprised of various community associations, emergency responders, and I environmental groups is added to the conditions of the Certificate of Environmental Compatibility, should it be granted.

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Al Arizona Corporation Commission Docket No. L-00000F-09-0190-00144 <54 RECEIVED Arizona Cn 'F .~="aL'U43 Cann o n * Case #144 - Vail to Valencia DY I ~; TED Public Comment 2889 JUN 19 A Q:aLl Dear Chapman Foreman and Members of the. Blunt and T smiggigg ire OLKI t LU BY ` 8 Committee, UUCKET Ebtmaal"` " '

I am onthe behalfof theNew Dawn andVail Vistas Estates. Both are registered Neighborhood Associations with Pima County in the vicinity of the proposed project.

In February of 2008 at the hearings for LS 137 we were surprised to learn that in addition to the proposed line between the Vail Vistas and New Dawn Estates, Tucson Electric Power intended to install a tihird 345 ka line in the future. It would have made a total of 4 very large lines and towers between our neighborhoods ire a very narrow corridor. Such a large impact on one group of people is inappropriate. The neighborhoods will vigorously oppose additional lines and towers. Accordingly, TEP should prepare alternate routes for the lines.

We have worked extensively with TEP, the City of Tucson and the ACC to move the Cienega I substation to a more appropriate location using appropriate colored monopoles (please see the attached notation regarding pole color lion the City of Tucson Special Land Use Permit Application that was provided to us). We have really appreciated the efforts TEP has put into our requests regarding safety during construction, re-vegetation, flooding issues, intensive OHV prevention, and gating to prevent neighborhood trespassing. Additionally, we appreciate the I

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neighborhood meetings that were held in our area at convenient times at convenient locations. i We have shown that the Company can work collaboratively with the community on site specific E issues. The Mountain View substation was shown that it was not needed.

3 However, TEP still has the third 345 (TEP Winchester to Vail) shown in their ten year plan that 4 r we will have to contend with. My point is this. NO other community should be blind sighted at one hearing that their community is going to be hit in the near future by another E | E : possible transmission line, especially another extra high voltage line. 1 I i This is one reason,among many, we highly recommend Citizens' Advisory Council, comprised of various community associations, emergency responders, and environmental groups is added to the conditions of the Certificate of Environmental Compatibility, should it be granted. Long term l I planning will help prevent these kinds of surprises.

I I | i 1 l E I spoke and represented my neighborhoods on August 18"' 2008 in front of the Commissioners.

i I CommissiOner Mundell spoke wheel finishedand said "That's why we have these public ;

meetings, so that the Commissioners can all hear what the utility is telling you, for lack of I better word in other meetings that we don? attend " If the Committee approves a Citizen's Advisory Council, there can be accountability and the Community, the Commission and the l Utility will all hear the same thing. It is a win-win situation for everyone. ¢ \ o 1-4 o -3 of u 8 8 8 in . e 218. 3,3 a.> 88 < > 8.53 vs

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Cienega Utility Substation Special Exception Land Use Permit Application

Estates commented that the residents in New Dawn Estates and Vail Vista approve of this new site for Cienega Substation and lists stipulations for approval. At a neighborhood meeting on 8/26/08 (see Neighborhood Meeting Documentation Within the Special Exception Land Use Permit application) TEP discussed the stipulations with the neighbors and agreed to the following conditions: 1. TEP has applied to Arizona State Land Department (ASLD) for a 35-foot Right- of-way (Row) No. 18-112941 for underground distribution face:ilities (feeders) on ASLD land adjacent to the west boundary of New Dawn Estates. Within the 35- foot Row, TEP will try to maintain a 15-foot natural buffer on the east side adjacent to neighbors. However, there will be a few areas within the 35-foot easement that will contain manholes for access to the underground system, which may make the 15-foot buffer unattainable. The remaining 20 feet on the west side of the ROW will be Cleared to install underground feeders, and will be revegetated to ASLD's ROW requirements and 'City of Tucson's NPPO standards. 2. There will be construction traffic within the ROW during installation, but there will be no other routine traffic once the cables have been installed but for periodic operation and maintenance. The ROW will be gated to restrict public access.

a TEP will install galvanized steel poles for the Vail Area project to respond to neighbors' expressedpreference. 4. TEP will proceed with the construction process to minimize the amount of time i and impact to land and vegetation. 5 l 5. TEP will follow a Stormwater Pollution Prevention Plan (SWPPP) during construction. TEP has withdrawn the SE-08-05 application for the original substation site east of Colossal Cave Road.

Neighborhood representatives reviewed a draft of this new application and provided comments prior to submitting the application to the City of Tucson. On October 20, 2008 an email was received from Nan Cowley representing New DawnNail Vista residents. After her review, she found the application satisfactory to all the neighborhood concerns. This email has been provided within the Special Exception Land Use Permit application as Appendix E: Neighborhood Correspondence.

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Arizona Corporation Commission Docket No. L-00000F-09-0190-00144 Case #I 44 Vail to Valencia Public Comment

Chairman John Foreman Arizona Power Plant and Transmission Line Siring Committee

Dear Chairman Foreman and Members of the Committee.

As President of the Santa Rita Foothills Community Association I write to you with the tbllowing concerns about the proposed Vail Substation siring tentatively to be located west of the unincorporated village of Corona dh Tucson where my family and l have made our home for the past 33 years.

I spoke to the Commissioners at the public meeting on August l8th 2008 concerning TBP line site case #137, The areas of concern I addressed at the: meeting are of cancan now.

L) Lack of public outreach on the part of the utility company; to date there has been no public meeting in Vail or in CoronadhTucson conccming the placement of the proposed line in Case #l44.

2.) Potentialuse of the proposed Vail Substation as a gas-tired power plant; it is my understandingthat the City of Tucson approved zoning for this purpose.

3.) Sinncturc appearance; we request any and all new transmission structures installed next to existing lattice structures be constructed of galvanized steel. Our villagenestles in an mea of the Sonoran Desert with a unique beauty. Lest the landscape be blighted in virginal areas with a backdrop of the majestic mountains that surround us and the unmarred vision of the vast Arizona sky, we requestgalvanized steel structures be used as well. These structures weatherand will better blend into the environment than any other alternative. I

I did not address the possibility of the proposed Vail to Kantor line at the August lath meeting of the Commission. If site case #144 is granted a cerliGcate of environmental compatibility, it would provide an alterative route for a power source to the proposed Rosemont Mine. The Vail Substation is listed on TEP's transmission line projects under Rosemont Mine as one of the initial locations. 'lime Rosemont Mine is .I vehemently opposed by the residents of Corona de Tucson and residents of hamlets, villages, ranches and country homes throughout Souther I Arizona. The fight is ongoing Md will not be easily won by the foreign mining conglomerate proposing an open pit mine that will forever scar our beloved desert.

Corona De Tucson is a growing community with roots sunk deep in our rural desert and a population ready and willing to protect our stark, yet I beautiful landscape and the wideness that surrounds us. We deserve a role in transmission line planning. We request the appointment of an I Advisory Council comprised of community, neighborhood and homeowners associations, emergency responders, environmental groups and other interested parties be added to the conditions to die granting of any proposed Certificate of Environmental Compatibility. I

I Thank you, Arizona Corporation commission Dated this 25th day of May 2009 MZ: ,1f;%

Sandra M. Whitehouse I:~.~>~ 139 West Camino del Emperador DOCI\ETE Dl'5li' T*-.5 r"T; f"~3 Corona, AZ 85741-2032. c*""IJ l CL? '7""l3 .233 z cl. I ...... , . Pursuant to AAC R I4-3-204 38" I * 4 f"r'l 4 9**9~8 I » L 'J m a 5. Original and25 copies of the foregoing are tiled with m c::;> @- . 3? Docket Control (25 copies) c..J .. ff : f t IH - r y` Arizona Corporation Commission u *al > ¢!.3'.¢» 1200 Wost Washington Street 'r r."`F? s Phoenix, Arizona 85007-2927 <9 '\ F\J £13 ..,» ».. UP Arizona Corporation Commission ii I 1 Docket No. L-00000F-09-0190-00144 . 8. Ase #144 - Vail to Valencia 94 Dear ChairmanForeman andMembers of the Arizona Power Plant and Transmission Line Siting Committee,

My name is Mary Ann Cleveland and I am TEP Customer. lam also one of the first Rita Ranch residents, support staff for Greeter Scheduling for the historic SaintRita Shrine in the Desert (locatedbetween the tracks 'm down town Vail, AZ) and a very vigorous community activist. One of my proudest accomplishments was never giving up hope inmy three year questto see a road built toconnect the communities of Rita Ranch inthe City of Tucson andVail in Pima County for the safety of our children.

I 1 1 That said, we still have much work left to do.Elizabeth Webband I have worked on many community projects 1 together in thepast; the 2008Pima County Bond to advocate for a library, community center and parks for our area, historic preservation on the two remaining oldest buildings left in downtown Vail and have attended Vail School District town halls, business, Pima County Board of Supervisor, City Council meetings and more.

write today with the following concerns about LS case 144 and TEP's plan to acquire a large portion of a new transformer with another company. Eight years ago, Tucson Electric Power met with us about plans for a gas fired power plant at their location south of 1-10 off Rita Rd. located less than 3 miles from our community in Rita Ranch and their plans to apply to the City for their property to be rezoned to Industrial Use. The TEP. guys were extremely vague in their plans for the area. Then, they went in lions of the City of Tucson and said something different. They received their rezone. TEP's spokesman Bill Norman said reserve amounts of electricity would need to be generated in preparation for the Southeast side's expected population boom. When are companies going to have to be accountable for statements they make regarding population growth when receiving permits and equipment? I still have the same concerns about water and air pollution associated with any future growth at I the Vail Substation that I had then. l

In this case there was no meetingheldin Rita Ranch, Vail or Corona de Tucson. Rita Ranch is still located less than 3 miles from the Vail Substation. Children from as far away as Sonoita in SantaCruz Countyattend high school at Empire HS which is located next to Rita Ranch. We have heldplenty of meetings inour area at the schools. The VailSchoolDistrict is very accommodating. The newspaper advertisement for the project is very i vague and it is very difficult to low about proposednew construction when a projectis called an upgrade.

My family lives in a growing region already threatened by many environmental polluters. I recommend our community have a proactive role in transmission planning and request that a Citizens' Advisory Council, comprised of various community associations, emergency responders, and environmental groups is added to the conditions of the Certificate of Environmental Compatibility, should it be granted.

Thank you, i Dated this 17th day of June 2009 i 974 62/,Q,@»,4wA Mary Ann Cleveland Arizona Comoraiion Commission t-.._) 9820 E. Donate Way, Tucson, AZ 85747 D .._,' ~./f 4 ~_a;'8TED/' ., .18 : u c.. FT? f \ 4 l ) 4... Pursuant to AAC R14-3-204 --Q 18° c*- g Original and 25 copies of the foregoing are tiled with DOCKEWLE BY Docket Control (26 copies) \ : Arizona Corporation Commission \ i' we 1200 West Washington Street ;.." O Unix, Arizona 85007-2927 ..J l

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Arizona Corporation Commission- Docket No. L-00000F-09-0190-00144 - Case #144 - Vail to Valencia ' \ 1 i ) Public Comment

I I | » Dear Chairman Foreman and Members of the Members of the Committee,

I My. name is J.J. Lamb and I write today to give you some insight into the delicate workings of historic I : I preservation and building community partnerships. i Nearly three years ago, Elizabeth Webb and i began conversations with Cal Baker, another history buff, about the buildings near Kolb Rd. and 1-10 located in the Vail to Valencia Project study area in regard to |

I the 2008 Pima County Bond. I haveincluded a letter written by Mr. Baker and a few photographs.

Two years ago, during a meeting to discuss historic preservation with our District 4 Supervisor Ray Carroll, Rita Ranch resident Mary Ann Cleveland, Elizabeth, an owner of an historic property who for privacy reasons shall remain nameless and I discussed various projects in our region and how they could fit into an overall plan. These buildings were discussed then as well.

We believe a Vail pioneer lived in one of the Buildings as a boy when it was located in Vail, AZ in the forties.

More than a year ago, I spoke in front of the Line Siting Committee and asked to be added to the company stakeholder list for future projects. We were not. It should have come as no surprise to : TEP/UNS Electric or its environmental planning group that the Vail Preservation Society has identified ! boundaries west to Wilmot Rd. Our boundaries were identified over two years ago in our strategic plan.

1 We have been working diligently with other companies to create community connections through local 1 history. '

I do not have any expectations about these buildings. I write only to point out they are in the project study area. It is also important to note today's idea of community is different than it was previously. l I Objects and buildings were moved in an interesting concept of recycling. Perceived boundaries were once much more expansive as were the boundaries of our founders' ranches-their "Empires". p

I Thank you, Arizona Comnration Commission Dot¢ hls 19t ay of June 2009 1 " /" »D\.; ;__. L ETED

¢. CX a 4 , J J.J. Lam19` • s J 2954 E Cardenas Dr DOCKETED EY I Vail, As 85641 \ i (520)419-4428 I p-.8 J s" ¢::§.i G cl *no : u Pursuant to AAC R14-3-204 (Tn, f m Original and 25 copies of the foregoing are filed with go; »»-9. Cr: |*°r!- QT' :Ra C) Docket Control (26 copies) ' i C"'? i n C") Cr: Arizona Corporation Commission err ."?L. 1200 West Washington Street IL' 9*; 2 -4 :rr J> Phoenix, Arizona 85007-2927 _'pg 'CJ ,s m CO (IB r"° 31; 5 O ...J 4 : ; cm r

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Letter written by Calvin Baker, superintendent of the Vail UntiedSchoolDistrict to members of the Governing Board6-co-directors of the Vail PreservationSociety onNovember I 9"' 2006 during 2008 Bond discussions about the historical signyicanee of the aging buildings located between Kolb and Rita Ray, south oflnterestate-I0. This is in the Vail to Valencia study area.

Save Esmond Station

From: l Calvin Baker([email protected]) Sent: Sun 11/19/064:23 PM To: E Webb (rincor\[email protected]) Jim Coulter ([email protected]), Margaret Burkhoider ([email protected]), Deb King ([email protected]), Anne Gibson Cc: ([email protected]), Randy Kinkade (whatrukidn@yahoo,com), John Carruth ([email protected]), Lu Ann Posey ([email protected]), Al Flores ([email protected]) '

Elizabeth,

I am writing to conEr our recent conversation regarding the importance of saving/restoring Esmond Station..

When the railroad first came through Southern Arizona in the early 1880's, a series of train stations were established along with it. Due to the technology of railroads and the nature of life at that time, one of these stations occurred every LG to 20 miles along the track. Each suzdon had a foreman's residence. Each station also usually included a depot and housing (either houses or a dormitory) for other railroad workers. Most of the stations had a water tower as well as some land of warehousing facility. I In the mid-1900's railroad technology and life had changed to the point where these small stations were no longer necessary. In order to decrease assets, and thus property tax liability, the railroad eliminated the buildings from the property they owned. In brief, the stations disappeared.

Esmond Station was the exception. It was abandoned by the railroad 'm an earlier time period, when the track it was locatedon was alsoabandoned. The foreman'shouse remained,as well as a warehouse structure. Thelandit is located on became State Trust Land and a local ranching family occupiedthe foreman's house andmade use of someof the other structures.

In addition to its unusual state of preservation, Esmond Station has another important claim to notoriety. In 1903 the worst train vweck in Arizona History occurred just northwest dEsmond Station (specifically the site of the current Fry's parking lot at Rita Road and Houghton Road). Reportedly, the wreck was caused by orders that were mishandled at Esmond Station. Restoration of the Esmond Station was on the 2004 bond list.In fact, the planned restoration of Esmond Station and the plans for an adjacent regions park and railroad bed trail system is one of the primary reasons why the Vail School District chose the current, adjacent site for Empire High School -just south of the Esmond Station. The school itself was given an historical name ("Empire" alter the "Empire Ranch" that was active during the same time period Esmond Station was active).

Unfortunately, just prior to the 2004 bond, the foreman's house at Empire caught tire and burned. The fire was most likely set by vandals. With no historic house on site, theproject seemingly lost appeal and was taken off the list.

The opportunity still exists, However, to save and restore this historical site.A number of the distinctively designed foreman's houses do still exist. They are located just south and east of Kolb and 1-10. At least one of these houses could be purchased, moved to the Esmond site and restored Thisproject should not be delayed any further.

The mud adobe warehouse structure at Esmond Station was likely built in the 1800's. While it is badly damaged, most of it is still standing. The State Land Department did have it fenced in to protect it, but vandals have broken the fence. The wooden roof is ready to suffer the same fate as the foreman's house and much of the adobe is exposed to the weather. All of it is exposed to vandals. The i foreman's houses by Kolb & 1-10 also appear to be deteriorating rapidly. A fleeting opportunity exists to save and remember this I critical part of Arizona History. The site could be part of the regional park, a feature of the trail system and a historical location to be studied by students from Empire and other local schools.

A Attached please find the following picture:

I 1 l.. Site of the burnt foreman's house at Esmond. 1

If we do not act soon, the remaining pieces of these historical treasures will be gone forever.

9 Calvin Baker

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CalvinBakerPhoto- BumedForemanHouse at Esmond Station

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i • t I Photo taken June 2009 Kolb/I-I0 Foreman Houses 's

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This was the section foremanhouse where welived. [in Vail] It was located on the north side of the north railroad tracks (about where the Tiber optic facility is located). You can steel] see part of the house foundation. The photo is oriented to the west/northwest. You can also see a portion of the Trotter sister's house in the background. The handsome guy on the white donkey is Bill Allen and Billy Joe Henry on the darker donkey. He was a friend firm Coolidge staying for a few days.-Vail Pioneer Max "Bill" Allen

We believe this is the same house now'located in the vicinity of the proposedproject. East of Kolb Rd, West Q/Rita Rd, South of]-I0 -Photo taken June 2009 . I

I as K a g Arizona Gomfxation Commission r " r' 1 f D8,1 -=.,.- . \

Docket No. L-00000F-09-0190-00144 r Case #144 - Vail to Valencia RECENED I \ EJCKETE BY Public Comment 2009 JUN \ 'i P 3: 40

I gziairgihtieiman Foreman and Members of the *fi'f°'a**»¥rwt° =¥l*4*** and Transmission Line Siting I . 1..-Uril" bu in-.. I DOCKET CONTRSL I am a customer of Tucson Electric Power (TEP) and have some concerns regarding the proposed Vail to Valencia case before the Committee. My concerns are prefaced by the following. A couple of years ago I was lucky enough to read Commissioner Kristin Mayes guest opinion in the Sunday Star speaking about TEP's S1111 Share Solar program. I was so impressed with Commissioner Mayes and wowed by this idea that my wife and I installed the system on ourhouse.(An energy efficient stabilized adobe home). We received the rebate and are thrilled with the system. We do believe large companies can work with the public to help the environment and the economy.

That said, I do feel an obligation to express these views. My wife and I are long time residents of Vail in the Empire Mountains SE of the proposed project. We are members of the Hilton Road Community Association which is a registered Neighborhood Association with Pima County in the direct vicinity of the project. (Please see the attached Pima County GIS map) We pride ourselves on being strong i

members of our community and are activists for a variety of important causes. I I

Here are areas of specific concern and some suggestions for the future:

1. Public Outreach by the Utility Companies: In Line Site Case 144 there was no public meeting held in Vail or Corona De Tucson. If a meeting is to be held in an area outside of our community, I would suggest that the notification given be done in a timely manner so that we may prepare and

carpool. Or the Company could provide a shuttle. I would also suggest that meetings start later in the r day so that our community would have time to arrive home or arrive at the meeting alter work. 5:30pm is too early. 6:00-6:30pm is more reasonable for a community that has many younger members.

2. Advertisement of Open Houses: Another important aspect of public outreach is clear concise information in the advertising for the meetings. Advertising construction of a completely new transmission line from a TEP substation after disconnecting it from a non-TEP substation to supply l non-TEP customers as an "upgrade that would involve only anew changes to the existing transmission g line route " is disingenuous. And that is how it was advertised in the newspaper for the May and Dec I !I 2008 Open Houses in Tucson. 3. Availability of Information to TEP Customers. This project will use shared equipment between two utility companies and travel through TEP's service territory. I would suggest that future joint i[ projects have a listing on both websites just as the Sahuarita to Nogales project is listed on both E I

websites rather than the link I saw today. I would also suggest putting the website information on the I I newspaper advertisements for the Open Houses. n 4. Cooperating with other agencies.I suggest that the Committee work with the BLM, on whose land I the Nogales substation sits and where the preferred alignment in Segment IA would cross. There are cumulative impacts associated with several transmission lines, structures, and futLn°e projects in our area. Additionally, the NEPA processrequires social, economic and rural lifestyle issues to be considered while Arizona only allows them to be considered. I sincerely hope you will take these factors into consideration under Total Environment when you make your decision about granting your conditions in this Certificate. *

1. conditions in this Certificate.

5. Vail to Kantor Line:The potential of this line to be used as Option 1 and 3 in Rosemont Mi;ne's plan of Operations. As of today, June 131h 2009, the Vail to Kantor line which still does not exist, is listed on Augusta Resources website as two possible alternatives. It is my understanding that TEP has asked Rosemont to remove these two options from Augusta Resource's website but they still have not done so. http://www.au2ustaresource.com/upload/Plan of_Operations/2.7 Electrical Power Supp1v.pdf http://www.augustaresource.com/section.asp'?pa,<1eid=6320

This creates great unease about this project among residents in my community, as if TEP/UNS Electric is being disingenuous about this aspect as well.

6. Structure color.I request any new transmission structures installed next to existing lattice structures be constructed of galvanized steel. In virginal areas with sky and mountains as a backdrop we would also request galvanized steel. 7. Potential use of the Vail Substation as a gas fired power plant. TEP had the land up zoned by the City of Tucson for this purpose.

Another concern as a TEP customer is the exporting of power to a community far south of the Vail

Substation when it was mentioned several times in Line Site Case 137 (Cienega) that there were : constraints on the Vail Substation via transmission line length. I question how much of this case is about providing reliable energy to Santa Cruz County and how much is about tying the Tucson Electric Power and UNS Electric regional grid together for future projects. Is this the basis for granting a Certificate of Environmental Compatibility? I question the future cumulative environmental costs to my area, such as water and air quality, especially if a gas fired power plant, of any kind, is constructed in the vicinity of the Vail Substation.

1. My wife and I live in a growing region already threatened by many environmental polluters. I I recommend our community have a proactive role in transmission planning, (particularly since the Vail Substation is expected to have many projects in the next few years) and request that a Citizens' Advisory Council, comprised of various community associations, emergency responders, and environmental groups is added to the conditions of the Certificate of Environmental Compatibility, should it be granted.

Thank you, Date8this 13th Dav of e 2009

Ag and Carol Shir sky 15791 E Hillton Ranch Rd i Vail, AZ 85641

Pursuant to AAC R14-3-204 Original and 25 copies of the foregoingare filed with Docket Control (26 copies) Arizona Corporation Commission 1200West WashingtonStreet Phoenix, Arizona 85007-2927 2 I I ¢<»Q

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I I public Comment I R/ r i ear Chairman Foreman and Members of the Arizona Power Plant and Transmission Line Siting Committee,

I I am a customer of Trico and a resident of "New Tucson" in the Vail area, located due east of the proposed project. I have volunteered for many organizations and love my community. It was just ten years ago that I boarded a bus with other parents of diverse backgrounds and rode to Phoenix to advocate in front of the Arizona State Legislature for the first high school in the Vail Unified District. We have always had to work hard to express our needs and to be heard. I write today with the following concerns.

1. Public outreach by the utility companies. In Line Site Case 144 there was no public meeting held in Vail or Corona dh Tucson. This is especially of concern as Trico has plans to construct a new substation in our neighborhood in the next year.

2. Views along Interstate Ten. As there is little to no commercial activity in the Vail area, it is largely a commuting population. I am a night worker at the US Postal Service Cherry bell Location. My commute is almost entirely on Interstate Ten from the Vail/Wentworth Exit to Kino Parkway. On my trip to work, the brightly lit Vail Substation sits on my left, to the south. On my return trip, depending on the season, my sunrise is marred by several large steel four I legged structures, and transmission lines and various brown poles to the south, on my right. How many are enough?

3. Potential use of the Vail Substation as a gas tired power plant. TEP had the land up zoned by the City of Tucson for this purpose. This was fought by Mary Ann Cleveland, a Rita Ranch activist (see attached article) How many more lights will be required if this CEC is approved and how many lights will be required in the future if TEP builds its gas fired power plant. What are the environmental risks? It appears as if the industrial blight that Mary Ann feared is coming a reality.

4. Structure color. I request any new transmission structures installed next to existing lattice structures be constructed of dull grey galvanized steel. In natural areas with sky and mountains as a backdrop I would also request dull grey galvanized steel. If I am going to have to see more towers prefer that they are the same color. In some places the violent contrast of the black poles crossing the interstate is not appealing at all. It seems that it would make more sense to build on the existing steel structures as there are so many of them and they are so large. Why not use what is already 1 there?

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I I; As the member of a family in a growing region already threatened by many environmental polluters, I believe and request that our community should have a proactive role in transmission planning, (particularly since the Vail

1 Substation is projected to have many projects in the next few years) and request that a Citizens' Advisory Council, comprised of various community associations, emergency responders, and environmental groups be added to the l conditions of the Certificate of Environmental Compatibility, should it be granted. i I Thank you, r .9 4 Ari2sJtIa [§§*'!J1.=»3iii{sr1 Comrniasiull c:*":) r £113 Dated this 10th Dav of June 2009 62

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Tucson Wieldy

July as, sum CURRENTS ,, FEATURE The Next Generation Twenty potentially harmful proposed electricity plants jolt Arizona into a new era of power politics.

b y Tim Vanderono I

Sunrise spills like 41 broken ye>lk over Picacho Peak, as ion Shu maker stalks the furrowed =,1rfJund rl'=at's \.onbuIrI¢c! his life. dick (I) Qrtlarpe

If a group called Toltec Power Station LLC has its way, he says, this remote patchwork of cotton farms south of Casa Grande will soon be home to four smoke-befching power generators, pumping up to 2,000 megawatts of electricity into the commercial wholesale market. The enormous plant would span 21 5 acres sandwiched between Picacho Peak State Park on the east, the Sawtooth Mountains to the west, and the brand new Ironwood Forest National Monument on the south and west.

Nearby, an international tractor rumbles through a field, and a crop~dustir\g plane dips and " T;",[9»L»4n¢n E rises above a carpet of green. Over the din, Shu maker, an archaeologist by training, 'PNM dee5n'tgive a damn whose lives they're affecting," says john describes how he's been single-handedly forced onto a gargantuan learning curve, attending Hewitt of Swpiines. a group opposing a Iranslnission corrldcrr relentless hearings and reading through enough legalese to swamp an army of lawyers, though Aura 'v'alley.

simply to make sure Toltec doesn't shove its way toward state approval like "greased i | llghtnirig."

He recites a litany of complaints against the proposed plant, from concerns over water use

and air pollution to its placement near the nature preserves. While a Toltec official says For Information an these company planners have done their best to keep impact at a minimum, through extensive newer projenrs. call the Anion Curpolalion hydrological studies and revegetation research on surrounding farmland slated to become Commission ml (520) sza- 6 5 5 0 . fallow, Shu maker flatly disputes these claims.

"Under questioning at a public hearing. i got them to admit that (revegetating farmland) is impossible to do." he says. "They're trying to make it look like they're great stewards of the land, but their science is completely non-existent."

Worst of all, the Toltec plant would be visible from the new Ironwood Monument, including a portion of the Sawtooths rising only six miles to the west. He says a power plant with eight towering stacks cannot peaceably exist next to so much wilderness.

I "Yes, I do have areal problem with the proximity of this monster to the Ironwood. We're talking about a national monument, not just some little county park." All for a merchant plant geared to serve the lucrative wholesale market, he says. and California In particular. "It's pure arrogance on their part."

He kicks at a dirt clod, and his eyes narrow on a sign announcing the coming plant.

According to Shoemaker, his questions about revegetatirlg the farmland prodded Toltec to endow a related research position at the UA. His interrogation also slowed the nrQiect's approval. at least until another public meeting planned for July 9 in Phoenix, where he says "they're going to try to annihilate me."

Meet the new face of power pvlltics in Arizona.

JON SHUMAKER'S BATTLE is being replicated across the state. as an unprecedented stampede of 20 applications for new power plants head for hearings before the Arizona Corporation Commission. That's in addition to a plethora of companies, from Tucson Electric Power to the Public Service Company of New Mexico, seeking approval for new high- power transmission lines across the landscape.

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In most cases, the energy onslaught has local citizens running for cover. And statewide, environmental groups appear overwhelmed. "it's like trying to step on ants running every direction," says Steve Brittle of Don't Waste Arizona. "Ir just doesn't stop."

For example, in the small town of Kingman near the Arizona-California border, residents have protested a new power I i plant that wit! pump 8.4 million gallons of water daily from their aquifer. And in the Phoenix suburb of Gilbert, I neighbors like Dale Bolder unsuccessfully opposed the expansion of a Salt River Project generator.

"There are Zi schools within a three-mile radius of this one plant," Bolder says. "The company is willing to put children at risk, so they can make money selling electricity to California."

Houston-based Reliant Energy inc.--recently attacked by California Gov. Gray Davis fer alleged price-gouging--is likewise putting the finishing touches on its new Desert Basin Plant in Casa Grande.

Meanwhile in Tucson, TEP as requesting an industrial rezoning for property it owns near 1-30 and Rita Ranch Road. Area neighbors fear such a rezoning will spark an industrial blight in their midst, and two 75-megawatt plants in their backyard."The TEP guys were extremely vague about their plans at a meeting with us," says Rita Ranch activist Mary Anne Cleveland. "Then when they went before the (city) zoning folks, they said something completely different. They essentially lied about their plans."

TEP officials didn't return several phone calls seeking comment on the neighbors' concerns.

l The Tucson utility as also competing with the Public Service Company of New Mexico, or PNM, to run high~~voltage power lines to Mexico, which is viewed as a market of limitless proportions. I The TEP preferred plan would place 1 50~foot towers through the environmentally sensitive Coronado National Forest. l Its second choice would have lines running adjacent to 1-19, and near the communities of Tubac, Amado and Green Valley.

At public hearings in Nogales on May 7 and 8 concerning TEP's transmission line plan. Emilio Falco, an astronomer with hopes to construct a home near one proposed path, raised the type of question leveled at other expansion- minded power companies across the state. "Your preferred alternative route passes right over where we plan to build i our house." he said. "Do you expect to negotiate away our house?"

On June H, PNM oftlclals heard similar comments in the Marina High School auditorium, over their plans w blaze a megawatt transmission corridor through Avra Valley. "PNM doesn't give a damn whose lives they're affecting," said john Hewitt, a valley resident and member of Stop lines, a group opposing the project. Hewitt said the New Mexico company's stubbornness reminded him of a country song. "My question to PNM is this: what part of no don't you i understand?" The audience of zoo roared in support.

SUCH COMMUNITY CONCERNS are well»»founded, according to Ellen Berman, president of the Consumer Energy Council of America Research Foundation in Washington. D.C. "Companies are seizing opportunities (under electricity deregulation), which is not inherently bad," she says. "But the worry is, what are the environmental consequences, and what are the price benefits?"

in Arizona, where the vast majority of pending plants are geared toward western wholesale markets, the 1 environmental consequences are likely to include dirty air, reduced water supplies and countless eyesores. The price benefits, if any, are a gambler's paradise.

This tsunami of power projects comes amid vigorous encouragement from the administration of President George w. Bush, and the mood among energy companies, as one observer puts it, "is to get going while the going is good."

Indeed, on May 18 the president ordered federal agencies to speed up approvals for refineries and power plants. This order came aday after the release of his energy plan, a blueprint that he said will balance energy development with environmental concerns. "We don't want either of them snarled in bureaucratic tangles, as local governments or entrepreneurs seek permit after permit from agency after agency."

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L I 4 The Next Generation | Feature | Tucson Weekly Page 3 of 7 4 I I 4 Bush then asked citizens to help silence his critics. "When you hear these folks--it doesn't matter what side of the debate they're on--who are willing to kind of castigate somebody who may have a good idea, stand up and let them • have it," he said while touring western hydroelectric projects. Bush didn't specify which citizens he was referring to.

I But even the bully pulpit has its limits. On June is, the Federal Energy Regulatory Commission approved a price "mitigation" plan, aimed at reducing sudden whole electricity rate hikes in California and other western states, including Arizona.

This comes after intense criticism of the FERC's inaction as Californians saw their electricity bills mushroom~~despite the commission's mandate to ensure "just and reasonable" consumer electricity prices.

The commission's new strategy is to limit power prices, tying them to a formula based on the efficiency of power generation. it also restricts energy providers from withholding electricity from the market simply to spike prices.

This plan falls just short of introducing price caps, a move Bush has ardently opposed, saying it would only reduce Incentives for new plant construction.

Arizona Gov. Jane Hull has also opposed price caps. At a February energy conference in Oregon with other western governors, Hull said such limits would "undermine our deregulation efforts and discourage investment in power plants,"

And, echoing the president, Hull said that "We need to keep a balance between environmental concerns and reliable power."

But the question lingers: How much reliable power is enough? And when does the environmental havoc wreaked by a surge in power projects outweigh reliability worries?

Basic math lends a clue. According ro industry watchers, if all the planned plants are built, within two years Arizona will have enough power to serve 20 million people. This in a state where the population hovers between five and six

million. I

ON MAY 9, SEVERAL environmental and consumer groups called for a full analysis of Arizona's energy needs before further plants are approved by the Arizona Corporation Commission.

Airing their concerns to the ACC were organizations ranging from the Grand Canyon Trust in Flagstaff to the Phoenix~ P based Arizona Center for Law In the Public interest. E

In the past, the ACC conducted regular inventories of Arizona's energy needs, said Rick Moore, program officer with the Trust. And Tim Hogan from the Center for Law cautioned that "No one is minding the store while all these plants are being approved."

E The power plant boom has also prompted Ar least three lawsuits by the Center against the Acc. "State law governing I the siring of power plants requires the commission to balance the need for an adequate, economical supply of power against the environmental impacts that the plants will have," Hogan told the Tucson Weekly. The legal action is meant I to highlight that responsibility, he says.

I I Arizona officials say they've already responded to the power boom by tightening review procedures for the new plants. Whenthe Corporation Commission recently approved one generator near Gila Bend, it included toughened air quality standards equivalent to those of coastal California.

Those standards include catalytic converters and other state~of~the-art technology ro reduce emissions of carbon monoxide, particulates and organic compounds. "| think this does show there's a different level of scrutiny, in terms of collective impact of all these plants," says Heather Murphy, a commission spokeswoman.

Calls to ACC Chairman William Murxdeli for comment were not returned.

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still, the state's standards correlate with federal air and water quality standards laws, says Richard Tobin, deputy director of the Arizona Department of Environmental Quality. As plants go through the planning process, he says his department reviews them for compliance.

Tobin says new plant operators must show a commitment to actually improving overall air quality in their area. This can mean anything from the installation .of high-tech pollution controls to simply paving nearby roads to reduce dust. Nor, he says, is the ADEQ asleep at the wheel. "Our folks are very committed to the job they do, and they're holding the utility companies' feet to the fire."

And while the sheer number of new generators under review has strained the agency's resources, "Plants meant to serve state residents are given priority," he says.

The Weeklyhas also been told that the Arizona Attorney C.eneral's office will looking into the rash of new plant applications, though details of this investigation were not available at press time.

You Gotta Have Friends

UNFORTUNATELY, LYING BEHIND this high -tech surge-.~-with its enormous investments and potential for environmental calamity--is one factor that's been around since mankind first harnessed the energy of fire: plain old politics.

TEP's proposal for stringing transmission lines into Mexico is a good example of how political influence might be bought and sold to further Arizona's power industry.

Since TEP'splan and that of its competitor, PNM, include linkage with the power grid of a foreign country, the plans require approval from the federal Department of Energy with what's called a presidential permit. I

Near the time its planwas released on August 17, TEP hired longtime local public relations executive Steve Lynn as director of corporate relations and communications. Lynn is also a former assistant director of the City of Tucson's Department of Human and Community Development. I

I In addition ro his TEP duties, Lynn currently wields enormous clout as chairman of the Arizona Independent Redistricting Commission, which is charged with redrawing the state's congressional boundaries.

As coincidence would have it, the public-relations veteran is also a longtime friend of Fifth District Congressman Jim Koibe, having worked both as a volunteer and paid consultant on Kolbe campaigns.

Now in his ninth term, the congressman sits on several House committees that oversee border issues, from the f Subcommittee on Forelgn Operations. Export (which he chairs), to the Subcommittee on Commerce, justice, State and I judiciary, which funds agencies ranging from the immigration and Naturalization Service and the Drug Enforcement Administration to the International Boundary and Water Commission.

As its name implies. the latter commission oversees water and boundary issues along the U.S.-Mexico border. According to a federal official who asked to remain anonymous, as an organ of the Ll.s. Stare Department, "the IBWC must sign off on any presidential permits" for international power lines.

Finally, Kolbe also serves on the House Interior Subcommittee. which monitors the U.S. Forest Service. This oversight of course includes the Coronado National Forest, where TEP hopes to string its huge power lines, i I in his roles on these various committees, Kolbe obviously has many opportunities to affect the presidential permitting process for TEP's transmission line proposal.

When asked whether he had discussed the project with his friend Steve Lynn, or with any other TEP officials, Kolbe responded by e-mail, through his press aide, Nee fa Moorjani. Rather than directly answer questions about specific discussions, the congressman wrote that "l have had numerous meetings on this matter with a full range of groups, individuals, and government agencies (federal, state, and local). U i

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"I am following the matter closely as it goes through the public participation process seeking to ensure that federal agencies are response [sic] to the community," he said. "The current process is a public process, which I hope everyone with interest in this matter will participate."

Still, this isrl't the end of cozy relationships. Serving alongside Lynn on the highly powerful. five-member redistricting committee is Dan Elders, owner of DRE and Associates, a Tucson landscape architecture and environmental consulting firm.

Elders was among those who later appointed Steve Lynn to the group. and selected him as chairman. Elders told a local daily newspaper that he chose Lynn because of the PR executive's communication and consensus-building abilities.

In turn, Elder's firm was hired by TEP to conduct environmental impact studies on the transmission line project, and Elders testified under oath on the utility's behalf during the May transmission line hearings in Nogales.

But following his own appointment to the commission, Elders portrayed himself as a political babe in the woods. "Gee whiz, f'm probably right there with George Bush," he told the Arizona Da//y5tan "If someone asked me who the president of x, Y or Z was, l wouldn't have a clue. I don't know the political pundits or who the movers and shakers are."

Elders did tell the Stan however, that among his first notes of congratulation was one from Kolbe.

contacted by the Weekly, Elders said that he publicly disclosed his business relationship with TEP to the Arizona Secretary of State's office while being considered for the redistricting committee, and that he has only had one conversation "of a general nature" with Congressman Kolbe since his appointment

He says any linkage between hlmse!f, Lynn and Kolbe "is of such a tenuous nature" that "it doesn't deserve comment,"

Numerous calls to Lynn for comment were not returned.

However, the Kolbe/Lynn/Elders triad certainly provides ample opportunity for a juicy, last-minute quid pro quo:

I Under a draft map of newly drawn Congressional boundaries released in June, Kolbe will lose a large portion pf his I Catalina Foothills constituents. in turn, according to the draft. he would acquire a chunk of Tucson's south side, a portion of the Toho ro O'odham Nation, and a slice of Santa Cruz County, None are considered particularly fertile ground for a Republican seeking reelection to a both term.

Observers are awaiting release of the final boundaries, to determine whether Lynn and Elders will be more kind to the Congressman in that version.

Regardless, Kolbe's web site proclaims, in no uncertain terms, the congressman's opposition to an earlier transmission line route proposed by TEP's competitor, PNM. That route would have cut through the heart of his district, near Sonoita and Patagonia. There has been no specific comment from Kolbe's office about his position on I I PNM's newly proposed Avra Valley route. I

Is this an insider's game? Ask Emilio Falco, the astronomer. "it seems pretty obvious what is going to happen," he said I I after the Nogales meeting. "Of course, TEP is going to get what they want." u r

More Lines of Power

THE FIRST STEPS in granting approval for power lines and plants in Arizona involve the ACC's Line Siring Committee. I Committee meetings are meant to gather public opinion, and evidence about environmental impacts of a project. They are conducted like a court of law, with testimony and questioning under oath.

The committee is comprised of representatives from various state agencies, including the Corporation Commission, | the Department of Environmental Quality and the Department of Commerce. Corporation commissioners also appoint six members representing the public, though one position is currently vacant.

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Laurie Woodall of the Arizona Attorney General's office chairs the committee on behalf of Attorney General Janet Napoiltama.

Following hearings on particular projects, a majority of committee members either rejects the project, or grants approval in the form of a Certificate of Environmental Compatibility,

i Environmental and consumer advocates say the Line Siring Committee has a pro~business tilt. But Woodhull says its diverse membership ensures that all viewpoints are represented.

"It's a common prejudice to somehow believe that everything that's involved in government that there must be something sort of cynical about it," she says. "But that has not been my observation." Woodafi says Arizona law requires that "one member shall represent cities, one shall represent counties, one shall be actively involved in agriculture." As a result, "| think this board has an extraordinary number of representatives of the public."

Once the Line Siring Committee makes its call, the matter is forwarded to the ACC for a final decision. Calls to ACC Chairman William Mundeif for comment on this process were not returned. But when the commission approved the Gila Bend plant with tightened environmental requirements in early April, Mundeli told the Ar/zona Redub/iethat "the pendulum has swung toward protecting the environment."

There have since been questions about whether officials from the Gila Bend project accurately listed planned emissions.

And in May. when activist groups aired their concerns before the Acc, Commissioner Marc Spitzer reiterated that he and fellow regulators were very dedicated to balancing power needs with environmental impacts.

Do such comments allow activists a better night's sleep? Steve Brittle of Dorr't Waste Arizona says he isr\'t comforted. "| don't really have a good view of (the commission) because l have seen them presented with testimony that Iwould call compelling, and they've ignored Ir."

He says the plant expansion approved for Gilbert provides "a perfect example. People put on the record plenty of information about hazards from the chemicals, such as ammonium sulfate that causes respiratory problems, all these concerns. Then commissioners told the Salt River Project they could build the huge plant, but that they couldn't burn diesel fuel. They [the commission] called that a significant environmental restriction. In terms of the potential tons and tons of pollution, that didn't really do much.

"The thing that really bothers me," Brittle says, "is when l've gone to hearings, and everything is supposed to be quasi -judicial. But it's only that way when [the commissioners] need it to be. it's really been about listening to what the corporations tell them. Then they sort of nod their heads, but you can tell they're not really listening to citizens, or the other information that's presented to them."

Back at Ground Zero

JONSHUMAKER lsn'T UNDER any illusions about his chances for killing the $1 billion Toltec power plant project. sum, he's not about ro stop trying. "There are still intact bighorn sheep herds in the Silverbell Mountains," he says. "And they move throughout those mountain ranges out there, and one of the ranges they go through is the Sawtooth Mountains. is this really the kind of thing you want to build eight smokestacks next to?"

But Tom Wray, who spearheads the Toltec project for the Phoenix-based Southwestern Power Group ll, says the company has all its environmental ducks in a row, after conducting studies on land subsidence, water use and potential emissloris. The company has also scouted how best to keep the visual impact on nearby monuments to a I 1 minimum, he says.

"l believe the nearest facility to Ironwood would be one of the transmission lines that's about nine miles (away). We've done numerous simulations of views from Picacho Peak, from different points inside Ironwood, fared the facilities and transmission lines] would be very difficult to see."

(In truth, Toltec would be roughly six miles east of the Sawtooth Mountains, which lie in the monument, and seven miles north of the core monument.)

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Wray estimates that 75 to 80 percent of power produced at Toltec "would remain inside the state of Arizona for the local needs."

However, such numbers are little more than speculation in the volatile energy market, industry watchers say nearly all the new plants are aimed primarily at customers outside the state.

Like many of these planned plants, Toltec is owned by a limited liability partnership. This means that the true money behind such a project is difficult to trace. Wray refused to name Toltec's parent company. "i can't give you that information." he says. "That's one of the reasons you have limited Iiabiiity companies--the owners are not disclosed."

But some digging unearthed a Louisiana company named MMR Power Group, based in Baton Rouge. Calls to MMR official Allen Boudreaux seeking comment were not returned, but a secretary confirmed that MMR awns the Toltec project.

Regardless, Wray says his company put the plant on the best spot it could find. "l would point to situations where you build plants in populated areas, which impacts those people's lives. We've bought enough land to buffer these plants from any of the homes that would still be there. And our simulations do not show visual impact from Ironwood or Picacho at all. I guess it's all in the eyes of any particular viewer."

Wildlife included.

For his part, Jon shoemaker watches the mad rush of new power projects like Toltec, and says he doesn't like what he sees. "Ar one hearing, this guy came up and asked me. "if we don't build it here. where do you want to build it?' I told him I'd rather have it built in my back yard than out here. Thai shut him up for awhile."

The tractor is plowing its last row of the morning, as Shu maker takes a final glance around this remote battleground. He shakes his head in disgust. "Ir seems pretty simple to me," he says. "The more they develop next to this brand new national monument. the more they degrade the habitat out here. And where this plant is supposed to be is currently the quiet, rural. agricultural heartland of Arizona. If this goes through, Toltec is going to change the ambience of the entire area."

And like others opposing endless, Well-funded power plans, he refuses to abandon his David vs, Goliath fight. "My intent is to drive a stake into the heart of this project." he says. "It's a bad project, and it's a terrible location."

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Arizona Corporation Commission - Docket No. L-00ll00F-09-0190-00144 - Came #144 Vail to Valencia ~. Publi

Ar Chairman Foreman and Members of the Arizona Power Plant and Transmission Line Siting Committee,

I am a customer of Tucson Electric Power (TBP). My filmily and I live in New Dawn Estates in Vail, AZ. Our community jam went through a long and drawn out process with Line Site Case 137 and the Cienega Substation siring process with the City of Tucson. Fortunately, we were able to work cohesively with TEP to a positive end in that case. i ! Additionally, as the Chairperson for the first annual 'Tis the Season Tree Lighting "Between the Tracks" in Vail, AZ, I am I I happy to say that TBP made the lighting ceremony possible with its donation. That is the way it should be; Communities and i Corporations working together. Today; however, l am writing about the following concerns regarding the proposed relocation of the transmission line to Nogales, Arizona from the Nogales Substation located at Wilmot Rd to the Vail Substation, located i at Rita Rd.

1. Public Qutreach by the utility companies. In this case, Line Site Case 144, there was no public meeting held in Vail, or Co»rona De Tucson. I thought things were going to change after the Cienagsmlhdouniain View case.

2. Potential use of the Vail Substation 8 a gas tired power plant TEP had the land up zoned by the City of Tucson just South o f Rita Ranch For this purpose. How many cumulative impacts from environmental polluters should this area sustain?

3. Structure color. We request any n¢w transmission structures installed next to existing lattice shmaetmes be canstmcted of galvanized steel. in virginal areas with sky and mountains as a backdrop we would also request galvanin-49 steel..

4. Concern as a TEP customer at the exporting of power to a community far south of the Vail Substation what it was mentioned several times in the Cienega substation (137) that thaw were constalaims on the Vail- Substation via transmission lime longtla. I qr.!&;$tis?»l1\ how much al' this case is about providing relialale cagy to Santa Crum County and how much is about tying the Tucson Eleotsio Power and UNS Elootric regional grid together for future projects. Is this the 1lilaiis for grating a i Certifictllle ofF.nviummemnl Compatibility? I question the futnrc cumulative environmental costs to my area, such as visual l pnpuiots, water and air quality and more. 1 + I I read thus article in the: Tucson Weekly today whmrc Ion Salkowski is quoted as saying "the situation is not one of outages...as 1 1 I much as lam; term reliability" Nowhere in the "Lack of Rledulndacy" article by Dave Devilry in the May 24° edition of the 'fucscnx Weekly dues it mention that the line is anything, but a system upgrade. I am tuoncemlud because this pwiw at the uolth Md involvesconsuuction ofanouuupktclynevvwamslnissicm line tothe Vail Substawionh isbynomeans strictlgran "mpg:ldep c o m existing line.

As the member of family in a growing region ahead dmreatened by many environmental polluters, a d someone who spent a vast amount of time on the City of Tucson Cienega Substation permitting pfocems, I request that a Citizens' Atdarisoury Cvwlvil, I I eomprismi of various cmluuunity associative, emmery tespondwl, and environmental groups be llldded to the conditions of i ! theCatiIicatedlEnvil~oumn¢n¢tlC°IullPlIW1ili*Y»IWl°\*l**i*\'°8¥*"w°¢ I ; g Thaine you l I

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s a w I : Lv\w I ! I I Shefi- _tinnctt i ~,* \ 13695 E. Windswept Way I 15:g o Vail, AZ 85641 <;;>ri:- - Arizona Cmwnration Commission C") tgp as (520)762-0483 -~°¢=.. ". 9: :xx mu- m x 1 I i' r \ 54 Q-'I 57. T m "cm -< o lEE) "* c'":~» N Pursuant tO AAC R14-3-204 i v O ;04 ='.) "8 . o I $2 I Original and 25 copies cf the fovegdmg are filed with . gr; 39 oz: ii: z Ia* < I * ~1 4- 4- q. J> I Docket Control (25 copies) :'::> an m Arizona Corporation Commission 'r CI: £JT§* <3 I" oz I 1200 West Washington Slreei \\ \ J: Phoenix, Arizona 85007-2927 cm :_'5 "r E. 4. $4439 I l Arizona Corporation Commission - Docket No. L-00000F-09-0190-00144 - Case #144 - Vail to Valencia

i I Dear Chairman Foreman and Members of the Arizona Power Plant and Transmission Line Siring Committee, I 3 i I am a customer of Tucson Electric Power (TEP), webmaster of AzHighway83.com, small business Owner, and 1 member of the Empire Fagan Coalition, a long time resident of Vail, located south and east of the Vail Substation and the proposed project. In this case I write with the following concerns that I wrote to the Commissioners = regarding the TEP Line Site Case 137.

Many areas of concern were similar to the areas of concern now.

1. Public Outreach by the utility companies. In Line Site Case 144 as there was no public meeting held in Vail or Corona de Tucson. , z. potential use of the Vail Substation as a gas fired power plant. TEP had the land up zoned by the City of Tucson for this purpose. 3. Structure color. We request any new transmission structures installed next to existing lattice structures be constructed of galvanized steel. In virginal areas with sky and mountains as a backdrop we would also request galvanized steel.

One concern I did not comment in TEP line site case 137 is the possibility of the "Vail to Kantor" line (if line site case 144 is granted a certificate an environmental compatibility) as one alternative route for a power source to the Rosemont Mine. The Vail Substation is currently pictured on TEP's Transmission Line Projects under Rosemont Mine as one of the starting locations. The Rosemont Mine is opposed vehemently in Southern Arizona.

A second concern as a TEP customer is the exporting of power to a community far south of the Vail Substation I I I when It was mentioned several times in Line Site Case 137 that there were constraints on the Vail Substation via l transmission line length. I question how much of this case is about providing reliable energy to Santa Cruz 1 ounce and how much Is about wing the Tucson Electric Power and UNS Electric regional grid together for future Il asrejects. Is this the basis for granting a Certificate of Environmental Compatibility? I question the future cumulative environmental costs to my area, such as water and air quality, especially if a gas fired power plant, of any kind, is constructed in the vicinity of the Vail Substation. i I I As the member of family in a growing region already threatened by many environmental polluters, I believe and I request that our community should have a proactive role in transmission planning, (particularly since the Vail

Substatlon is projected to have many projects In the next few years) and request that a Citizens' Advlsory 1 Council, comprised of various community associations, emergency responders, and environmental groups be t added to the conditions of the Certificate of Environmental Compatibility, should it be granted.

Thank you, Dated this 25th day of May 2009 /7 ..» f Arizona Comoraiion Commission [ ] i _ " ' t . ; i [ : D "r:-» KI REGO > a n $33 i \ HE :. ~. ¢_r r 1 o Kim Rego *t§i§ -~< in PO Box 786 o Vail, AZ 85641-0786 it' www.azhiqhway83.¢;Qm ~»»- ./. \re~ "'<' [email protected] \ 4 .* 'z .:J m • LvJ CU Pursuant to AAC R14-3-204 Q Original and 25 copies of the foregoing axe filed with Docket Control (25 copies) Arizona Corporation Commission I I i 1200 West Washington Street Phoenix, Arizona 85007-2927 i8 r

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I Mtélona Corporation Commérzbn-DoclW A/o. L.01010100F-04-6840.09144 Ya? to Valencia

W* • Dear Clmévnan *Hnreman andMember;of the /lréona ?'ower7'lant and 7?an9mks1bn L6le.§¢%¢?l3 Commr%6ee.

/WE name 4% I*Q/lan (1/ebb and I will be a femur 61 6/we Yail§clrool Détnécé the I(aan Far the last (M, year; I leave waéclzaaf and /wiped ma mother and other;6; our neg/pborvood .4/0 commwu%1{ Lemke (De /rare tuba( to M16 a9a¢}l56 and even work wéfh cornpanieg trying 80 come 61 anal polluée our area, (De have Med to Gd pale and librarahf for Ms and aa(c46§§ beeauie we don if /rave am( and iwled60 save lukforic géfes., /hare §6apled a news aréekle w/:ere l6a0

volunteer for the §ou6/rem /irina /éaé Foundation Mada Worocaéean

The ck what /think about the eteetrrk business /14 Mom and MI Magruder work harder than Mage lawqerr beeauge thee/ actuals{ care about their' commwutres My Hom become; engrossed with the ,ctuffbecaure ,the does not l

anyhow, 7'lea;e coruider the amountof electrlc prqectg there we!! be ah the future There are ateaaf to rnanq etedrrk towersand t h e Ur our area

'One of the worst éNcN3g é the amount efwnez the ala; to ;pend to send all of the paper; to 'Plzoemis I remember at the lag# cage on the far# elm abozd' e of the people volvo were /wad been on the co/nmzZ*leeJ2L<19 loft thee' paper; #were for the garbage You couldgee élvaé lwael not even read the paper;Mr/ Mom had to copy and I Nod to put? éogefllen M( M21n made me pckl< up #we shfwto save in care valve mlyhl need % for anotherdual llpmq ,*@m and lim Magruder do the analspend thee' own money you woukltNbvk the people wlro gel? Para wouldal lean? pretenelfNef( are lnéeresed 18 we; uncomfortable wa6clw613 Inc Mom al Me last kraal becalm sire Dal not lznow aNal' I I

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I talon% think llweqflvould Ivar to _go to a trial Laleople lz7

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Arizona Corporation Commission - Docket No. L-00000F-09-0190-00144 - Case #144 - V:

ear Chairman Foreman and Members of the Arizona Power Plant and Transmission Line Siting Committee,

I am a customer of Tucson Electric Power (TEP) and a resident of Rita Ranch in SE Tucson, Arizona. I am writing about the following concerns regarding the proposed relocation of the transmission l`me to Nogales, Arizona ii'om the Nogales Substation located at Wilmot Rd to the Vail Substation, located at Rita Rd.

1. Public Outreach by the utility companies. In this case, Line Site Case 144, there was no public meeting held in Vail, Rita Ranch or Corona dh Tucson.

i 2. Potential use of the Vail Substation as a gas Ered power plant. TBP had the land up zoned by the City of Tucson just South I I | of Rita Ranch for this purpose. Mary Ann Cleveland, a community activist from Rita Ranch fought against this rezone. How many cumulative impacts Hom environmental polluters should this area sustain?

3. Structure color. We request any new transmission structures installed next to existing lattice structures be constructed of galvanized steel. In virginal areas with sky and mountains as a backdrop we would do request galvanized steel..

4. Concern as a TEP customer at the exporting of power to a community far south of the Vail Substation when it was mentioned several times in the Cienega substation (137) that there were constraints on the Vail Substation via transmission line length. I question how much of this case is about providing reliable energy to Santa Cruz County and how much is about tying the Tucson Electric Power and UNS Electric regional grid together for future projects. Is this the basis for granting a Certificate of Environmental Compatibility? I question the future cumulative environmental costs to my area, such as visual

r impacts, water and air quality and more. I I ; Ixead the article in the Tucson Weekly today where Joe Salkowski is quoted as saying "the situation is not one of outages...as much as long term reliability" Nowhere in the "Lack of Redundacy" article by Dave Devine in the May 24"' edition of the Tucson Weekly does it mention that the line is anything but a system upgrade. I am concerned because this project at the north d involves construction of a completely new transmission line to the Vail Subsuatiomlt is by no means slrictly an "upgrade" of an existing line.

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I As the member of family in a growing region already threatened by many environmental polluters, I believe and request that I l our community have a proactive role in neighborhood and regional Uwansmission planning, (particularly since the Vail Substation is anticipated to have many projects in the next few years) and request that a Citizens' Advisory Council, comprised of various community associations, emergency responders, and environmental groups be added to the conditions of the Certificate of Environmental Compatibility, should it be granted.

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Thank y I 5/27m

""h. _,Je .Ar f*~.) Dr""° { 1-TD ..:.:> Ron and Sue Hermes m m 3 ] s m c g : --gun ¢ - A - m ¥ 10233 E. C8116 Costa del Sol :,=;=~ I Tucson, AZ 84747 r f v u - < *cy r-.> (520)490-4798 r><:> _o m 1 - 1 - < Anlzona Corporation Commission -4.- 3> 4 ' \';' : u w m Pursuant to AAC R14~3-204 ./ .»=I\ i 4 !t;DL com Q* oz I Original and 25 copies of the foregoing are filed with Fntv 4: ! w 4 L . f i!!*L}. o' I Docket Control (25 copies) :*= I >% !*

Arizona Corporation Commission _ ..\.J t .a° M HP . Fv 4. T*4*&l1 Ur *

1200 West Washington Sweet DG..»% iii YEL} L I a a \ Phoenix, Arizona 85007-2927

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Arizona Corporation Commission - Docket No. L-00000F-09-0190-00144 - Case #144 - Va

ear Chainman Foreman and Membersof the Arizona Power Plant and Transmission Line Siting Committee,

I am a customer of Tucson Electric Power (TEP) and a resident of Vail, Arizona. I am writing about the following concerns regarding the proposed relocation of the transmission line to Nogales, Arizona from the Nogales Substation located at Wilmot I Rd to the Vail Substation, located at Rita Rd. i E I I I. Public Outreach by the utility companies. In this case, Line Site Case 144, there was no public meeting held in Vail or

1 Corona dh Tucson. I 2. Potential use of the VailSubstation as a gas firedpower plant. TEP had the land up zoned by the Cityof Tucson for this I purpose. How many cumulative impacts from environmental polluters should this area sustain?

3. Structure color. We request any new transmission structures installed next to existing lattice structures be constructed of galvanized steel. in virginal areas with sky and mountains as a backdrop we would also request galvanized steel.

4. The possibility of the "Vail to Kantor" line (if line site case 144 is granted a certificate an environmental compatibility) as one alternative route for a power source to the Rosemont Mine. The Vail Substation is currently pictured on TEP's Transmission Line Projects as one of the alterative starting locations for the proposed Rosemont Mine. The Vail to Kantor line is listed in two of Rosemont Copper's proposed alternatives on Augusta Resources website as of May 25"', 2009. My question is this. If the Vail to Valencia line is granted a certificate, can it be used with any connection to the proposed Rosemont Mine? Or, with a cross territory agreement to circumvent the two county rule? The Rosemont Mine is opposed vehemently in Southern Arizona.

5. Concern as a TEP customer at the exporting of power to a community far south of the Vail Substation when it was mentioned several times in the Cienega substation (l37) that there were constraints on the Vail Substation via transmission line length. I question how much of this case is about providing reliable energy to Santa Cruz County and how much is about tying the Tucson Electric Power and UNS Electric regional grid together for future projects. is this the basis for granting a I Certificate of Environmental Compatibility? I question the future cumulative environmental costs to my area, such as visual impacts, water andair quality and more.

As the member of family in a growing region already threatened by many environmental polluters, l believeand request that 1 I our community have a proactive role in neighborhood and regional transmissionplanning,(particularly since the Vail I Substation is anticipated tohave many projects in the next few years) and request that a Citizens' Advisory Council, comprised of various communityassociations, emergency responders, and environmental groups beadded to the conditionsof the Certificate of Environmental Compatibility, should it be granted.

Thank you, 5/27/09

Melvin Kolba .1'rf.. C 3 ! 4 | W m 30 I MELVIN KOLBA F i t s s i r *-J m 1*1'u I o i PO Box 786 * R a P--J I Vail, AZ 85641 n o : ..o r8*_1 cm:.§ [email protected] 1-... < 1 Arizona Gorooraxion 1Commission 8 4 °-"-z ...... 1 n -.I L" } I 1. m I 8 L- J Q{.3 z -D 1 Pursuant to AAC R14-3-204 £ 5 1 ` Q " » . . cm ! ) -.':' i Original and 25 copies of the foregoing are filed with .44 -D i Docket Control (25 copies) I ! Arizona Corporation Commission 1200 West Washington Street

Phoenix, Arizona 85007-2927 1 DHA I 3 1 Arizona Corporation Commission Docket No. L-00000F-09-0190-00144 Case #144 - Vail to Valencia

ear Chairman Foreman and Members of the An°zona Power Plant and Transmission Line Siting Committee,

I am a customer of Tucson Electric Power (TBP), Former Board Member of the Empire Fagan Coalition (broad based community coalition), previous resident of Sonoita, and a long time resident of Vail, located south and east of the Vail Substation and the proposed project.

I spoke to the Commissioners ac the public meeting on August 18th 2008 concerning TEP Line Site Case #137 (Decision 73469) but due to time issues focused more on environmental issues.

Areas of concern now include:

1. Public Outreach by the utility companies.In Line Site Case 144 as there was no public meeting held in Vail or Corona dh Tucson. 2. My perception is that people in my region are beginning to suffer from learned helplessness. Although the area has been overrun with obvious environmental polluters such as California Cement, W.R. Henderson, Kinder Morgan, El Paso Natural Gas, Tucson Electric Power, multiple cell towers and more, people often appear apathetic. This learned helpless comes when people feel that their opinion has no value or that it will make no difference that large corporations will do as they please anyhow. A Citizen's Advisory Council, composed of several localmembers who are involved from onset in transmission planning would foster a sense of ownership in the process. 3. Structure color. We request any new transmission structures installed next to existing lattice structures be constructed of galvanized steel. in virginal areas with sky and mountains as a backdrop we would also request galvanized steel.

I 4. I am concerned about the possibility of the "Vail to Kantor" line (if line site case 144 is granted a certificate an environmental I compatibility) as one alternative route for a power source to the Rosemont Mine. The Vail Substation is currently pictured on TEP's Transmission Line Projects under Rosemont Mine as one cf the starting locations. The Rosemont Mine is opposed vehemently in Southern Arizona.

A second concern as a TEP customer is the exporting of power to a community far south of the Vail Substation when it was l mentioned several times in Line Site Case 137 that there were constraints on the Vail Substation via transmission line length.I question how much of this case is about providing reliable energyto Santa Cruz County and how much is about tying the Tucson I Electric Power andUNS Electric regional grid together for future projects. Is this the basis for granting a Certificate of l Environmental Compatibility? I question the future cumulative environmental costs to my area, such as water and air quality, I especially if gas fired power plant, of any kind, is constructed in the vicinity of the Vail Substation.

As the memberof family ina growing regionalready threatened by many environmental polluters, I believe and requestthat our community shouldhavea proactive role in transmission planning, (particularly since the Vail Substation is projectedto have many projects in the next few years) andrequest thata Citizens' Advisory Council, comprised of various communityassociations, emergency responders, andenvironmental groups be added to the conditionsof the Certificate ofEnvironmental Compatibility, should it be granted.

Thank you, Dates ' 25ths day of May 2009 Arizona Cnnmration Commlssmn D f of: lEE \ "rm v. 'lj * 8='*a 1 Chalétte o . ,Q .»; I" * AJ 4 ..1 F? ii ; .., * WB Charlotte Cook .<.. 1" Q J 16755 Old Sonoita Highway » 44' w; I Vail, AZ 85641 w===u» .»~=»"*'..` 9 J;- l ! Pursuant to AAC R14-3-204 -.9 Original and 25 copies of the foregoing are filed with ,B Docket Control (25 copies) n ' Arizona Corporation Commission I I 1200 West Washington Street Phoenix, Arizona 85007-2927 !

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Arizona Corporation Commission Docket No. L-00000F-09-0190~00144»~ Case #144 Vail to Valencia Public Comment

E i Chairman John Foreman Arizona Power Plant andTransmission Line Siting Committee I Dear Chairman Foreman and Members of the Committee,

My name is J.J. Lamb and I live in New Tucson, one of the many small communities in the VaiVCienega corridor. New Tucson is east of the proposed transmission line upgrade and new interconnection to the Vail Substation and is actually served by TRICO Electric. I write as a community volunteer and registered voter 'm Pima County. I am a volunteer co-director of the Vail Preservation Society and I am a native Tucsonan. I hold a BA in history and have also lived 'm Europe for several years. My daughter read my comments to the Commissioners at the public meeting on August 18th 2008 concerning TEP line site case #137 (Decision 70469). Some areas of concern my daughter read for me at that meeting are of concern now.

l.) "I feel strongly that protecting the cultural and historical integrity of a community makes it stronger and its members more vested in its natural and cultural resources that make that community a special place to live. She also read of the "Vail Preservation Society's interests in helping TEP work with community sensitive safety and visual issues in fledgling historic districts." The Vail Preservation Society's boundaries written in its strategic plan extend westward to Wilmot Rd.

In addition to the commentsbefore the Commissionerson August 18"' 2009, I spoke at call to the audience on the openingday of the evidentiary hearing for Line Site Case 137 on February 19 2008 and said "We would also like to requestthat we be added to i your contactlist of areastakeholder" l

It saddens me to note that there was not an Open House held in the VaiVCorona dh Tucson area regarding Line Site Case 144. I was in attendance when Commissioner Mayes stated that there should be aggressive upfront outreach to communities. I I I It is for the above reasons that I respectfully request the Committee add a condition for a Citizen's Advisory Council to the i Certificate of Environmental Compatibility, should it be granted to avoid confusion over transmissionplanning.

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2. Secondly, at the meeting on August 18 2009 my daughter read of my concerns regarding pole color. I would like to request that f I any monopoles located adjacent to area with existing steel lattice towers or placed in "virgin" areas against open sky or distant I mounters have a galvanized steel finish.

Other concernsinclude the potential use of the proposedVail Substation as a gas-fired powerplant, it is my understanding that the City of Tucsonapproved zoning forthis purpose and any potential use of this line for the proposedRosemont line.

Thank You, Arizona Corporation Commission Datedthis 25th day of May2009 J.J. DQ ..84i§TED

M; 2 E 2089 Vail, AZ 85641 (520)419B=4428 r to -..1 ,..J I\=uI" In 9 * : J ".- 9 Pursuant to AAC R14-3-204 8 4 1 1 st * 4 LL* * 3

"""j, W. Original and 25 copies of the foregoing are tiled with 4. (_) " . ". Docket Control (25 copies) Arizona Corporation Commission \. 1200 West Washington Street vLJ* Phoenix, Arizona 85007-2927 {°** ._~..> :~~ ¢.. \

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Arizona Corporation Commission- Docket No. L-00000F-09-0190-00144 - Case f~r 1°|»~9 - v ...... -... ,>C\ Public Comment

Dear Chairman Foreman and Members of the Members of the Committee,

I am writing regarding the cost and use of resources to generate documents to forward to the ACC.

I Personally, to date I have incurred as a volunteer helper in the Vail area the following costs for Case 144.

$340.00 (2 black toners for hp3050 and hp2600 color) in toner costs $43.00 for a case of paper Miscellaneous costs for 14 three ring binders (although I donated used ones in attempt at going green), stickers, folders, staples, paper clips, etc.

I am an office manager who works out of a home office half time so I have learned to be very frugal. I clip coupons and watch specials so these costs might actually be higher in the "real world"

My actual volunteer time to print, collate, staple and bind these documents is well over 40 hours. Mistakes are made when individuals who work during the day spend excessive hours doing tedious busy work well into the night. A much more professional presentation could be done on a CD, DVD or Flash but for the cost of having to print 26 copies of such a presentation.

It would be more cost effective to allow the transmission of documents via ed or upload to an ftp site at I Docket Control. It would also be better for the environment. It would also make documents at Docket Control accessible to the public. Some of the files sizes are oversized and some members of the public cannot view them. i

I write to you with the hopes that some time in the future this voluminous 26 paper copy process might change. understand there is nothing that can be done for this case. If there is someone the community can write to, some process we can get involved with to help affect change, please let me know when this case is done.

Thank you for listening, Dated this 18th day of June 2009 Anlzona Cnrpnraiinn Commission ;* I U '~.¢ ~..»'i'f'=TED \ I...- ./* A r 7 . Kim Reg

PO Box 786 .1 ""vCI TED BY Vail, AZ 85641-0786 r~4 www.azhighway83.com Lm 1 , FTF [email protected] : w J 0 ""'~..} ET: l l \ ) I Pursuant to AAC R14-3-204 1 Original and 25 copies .of the foregoing are filed with > i .. _._ m ( . . ; > I Docket Control (26 copies) • 4 I U I Arizona Corporation Commission cm O 4 1200 West Washington Street I 3• Phoenix, Arizona 85007~2927 4 I I

I l Arizona Corporation Commission - Docket No. L-00000F-09-0190-00144 - Case #144 - Va v m bloc Comment i Dear Chairman Foreman and Members of the Arizona Power Plant and Transmission Line Siting Committee, i ! l I am a customer of Tucson Electric Power (TEP), small business owner, and a volunteer for many organizations in the Vail/Corona de Tucsonarea.I am also a resident of Vail 'mthe Rincon Valley. In dies caseI write with the following concerns:

1. Public outreach by the utility companies. In Line Site Case 144 as there was no public meeting held in Vail or Corona dh Tucson. Additionally; the Vail Preservation Society, one of the community organizations I volunteer for is a registered Neighborhood Association in Pima County within the project vicinity

2. As a small business owner whose business has struggled substantially due to the downturn in the economy, I feel it is important now, more than ever, that large corporations connect with communities who will be impacted by new and long tern construction plans.

2. Potential use of the Vail Substation as a gas fired power plant. TEP had the land up zoned by the City of Tucson for this purpose.

3. Structure color. I request any new transmission structures installed next to existing lattice structures be constructed

of dull grey galvanized steel. In virginal areas with sky and mountains as a backdrop I would also request dull grey I I galvanized steel.

other concern as a TEP customer is the exporting of power to a community far south of the Vail Substation, specially if as a TEP customer I am expected to bear any burden of the actual cost. I question how much of this case is about providing reliable energy to Santa Cruz County and how much is about tying the Tucson Electric Power and UNS Electric regional grid together for future projects. Is this the basis for granting a Certificate of Environmental Compatibility? I ds question the future cumulative environmental costs to my area, such as water and air quality, especially if a gas tired power plant, of any kind, is constructed in the vicinity of the Vail Substation.

As a member of a family in a growing region already threatened by many environmental polluters, I believe and request that our community should have a proactive role in transmission planning, (particularly since the Vail Substation is projected to have many projects in the next few years) and request that a Citizens' Advisory Council, comprised of

various community associations and emergency responders be added to the conditions of the Certificate of 4 1 Environmental Compatibility, should it be granted. 1 '

4 1 Thank you, i r Dated this 10th day of June 2009 l Arizona lk-fp¢;aii9:l Commission 4 . M . DLf TE D / : Dee M I I - _ I

| | 13895 E. Placita Pezuna I 1 _,v

VaiL AZ 85641 - E>a8i;:»-wr1f[) BY \\`\ J \

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Arizona Corporation Commission - Docket No. L-00000F-09-0190-00144 - Case #144 - Va 0* ear Chairman Foreman and Members of the Arizona Power Plant and Transmission Line Siring Committee,

I am a customer of Tucson Electric Power (TEP) and a resident of Vail, Arizona, although my home is south of Corona de Tucson in the Santa Rita Foothills. View shed is very important to my community and it is already traversed by multiple lattice

I structures to the north. Additionally, my family has owned Vail Feed between the tracks in Historic Vail, AZ since the early 1970's . I am writing about the following concerns regarding the proposed relocation of the transmission line to Nogales,

I I : Arizona from the Nogales Substation located at Wilmot Rd to the Vail Substation, located at Rita Rd.

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F 1. Public Outreachby the utility companies. Ira this case, Line Site Case 144, there was no public meeting held in Vail, Rita Ralnch or Corona dh Tucson.

1 2. Potential use of the Vail Substation as a gas tired power plant. TEP had the land up zoned by the City of Tucson just South of Rita Ranch for this purpose. How many cumulative impacts from environmental polluters should this area sustain?

3. Structure color. We request any new transmission structures installed Reid to existing lattice structures be constructed of galvanized steel. In virginal areas with sky and mountains as a backdrop we would also request galvanized steel..

4. Concern as a TEP customer at the exporting of power to a community far south of the Vail Substation when it was mentioned several times in the Cienega substation (137) that there were constraints on the Vail Substation via transmission line length. I question how much of this case is about providing reliable energy to Santa Cruz County and how much is about tying the Tucson Electric Power and UNS Electric regions grid together for fixture projects. Is this die basis for granting a Certificate of Environmental Compatibility? I question the future cumulative environmental costs to my area, such as visual impacts, water and air quality and more.

Bread the article 'm the Tucson Weekly today where Joe Salkowski is quoted as saying "the situation is not one of outages...as much as long team reliability" Nowhere in the "Lack of Redundacy" article by Dave Devilne 'm the May 24"' edition of the Tucson Weekly does it mention that the line is anything but a system upgrade. I am concerned because this project at the north d involves construction of a completely new transmission line to the Vail Substation. It is by no means strictly an "upgrade" s of an existing line.

As the member of family in a growing region already threatened by many environmental polluters, believe and request that our community have a proactive role in neighborhood and regions transmission planning, (particularly since the Val Substation is anticipated to have many projects in the next few years) and request that a Citizens' Advisory Council, comprised of various community associations, emergency responders, and environmental groups be added to the conditions of the Certificate of Environmental Compatibility, should it be granted.

Thank y au, 5/27/09 a -n /' H 45" ,. -{»»{ -4...--* :-~ re. : C*}¥4 If I) CJc":» -413 : o <">c:> ¢ d h Pa Kelley \...~ 3:4's _"J, an m L -¢: l 1366 s. Vail Rd. CU "`*c"1 x"'\~,.) Vail, AZ tic: .O i n (520)762-5301 83: 493 3> < Arizona ('narration Commission m 'cl O l.:»;...- : I I:D r cm .re Pursuant to AAC R14-3-204 * 1 I-wil _J Original and 25 copies of the foregoingare tiled with l Docket Control (25 copies) M -a I Arizona Corporation Commission I .¢.~...*. "A11:F 4-¢4 ! I f I 1200 West Washington Street \ ..f'

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ix I Arizona Corporation Commission - Docket No. L-00000F-09-0190-00144 - Case #144 - Vail to Valencia - Pl

ear Chairman Foreman and Members of the Arizona Power Plant and Transmission Line Siring Committee, l I am a customer of Tucson Electric Power (TEP). My family and I live "between the tracks" in Vail, AZ. Additionally, I own Data Systems Group Inc., computer consulting and networking and local internet provider. View shed is very important to my community and it is already traversed by multiple lattice structures and cell towers. I am writing about the following concerns regarding the proposed relocation of the transmission line to Nogales, Arizona from the Nogales Substation located at Wilmot Rd to the Vail Substation, located at Rita Rd.

1. Public Outreach by the utility companies. In this case, Line Site Case 144, there was no public meeting held 'm Vail, or Corona de Tucson.

2 . Potential use of the Vail Substation as a gas fired power plant. TEP had the land up zoned by the City of Tucson just South of Rita Ranch for this purpose. How many cumulative impacts firm environmental polluters should this area sustain?

3. Structure color. We request any new transmission structures installed next to existing lattice structures be constructed of galvanized steel. In virginal areas with sky and mountains as a backdrop we would also request galvanized steel..

4. Concern as a TEP customer at the exporting of power to a community far south of the Vail Substation when it was mentioned several times in the Cienega substation (137) that there were constraints on the Vail Substation via transmission line length. I question how much of this case is about providing reliable energy to Santa Cruz County and how much is about tying the Tucson Electric Power and UNS Electric regional grid together for future projects. Is this the basis for granting a Certificate of Environmental Compatibility? I question the future cumulative environmental costs to my area, such as visual I impacts, water and air quality and mole. ! | I read the article in the Tucson Weekly today where Joe Salkowski is quoted as saying "the situation is not one of outages...as much as long term reliability" Nowhere in the "Lack of Redundancy" article by Dave Devine in the May 248' edition of t he I Tucson Weekly does it mention that the line is anything but a system upgrade. I am concerned because this project at the north i end involves construction of a completely new transmission line to the Vail Substation. It is by no means strictly an "upgrade" of an existing line. !

As the member of family in a growing region already threatened by many environmental polluters, I believe and request that our community have a proactive role 'm neighborhood and regional transmission planning, (particularly since the Vail

Substation is anticipated to have many projects in the next few years) and request that a Citizens' Advisory Council, comprised I 1 of various community associations, emergency responders, and environmental groups be added to the conditions of the Certificate of Environmental Compatibility, should it be granted.

Thank you, 5/27/09

v-.\ c a O44 oz: Stan Lilli 1 8 :ts a c ; ...m PO 1023 .Z,'»' TO van, Az F6~'5 - < o I FQ I "`*c'.» (520)762-8896 g m _D £2 Arizona Corporation Commission < '-a *ir' f?§""' -4.._ZN l'> wen m Pursuant to AAC R14-3-204 s ». ~.. :ED QU; l"€7 5 CJ Original and 25 copies of the foregoing are tiled with .F .Cr a J I f ,tal .4 . Docket Control (25 copies) 31' 1 * . , » o f

Arizona Corporation Commission -av1:4 .1 1200 West Washington Street Ph0€Ilix, Arizona 85007-2927 3

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I |. I I i i i http://www.tucsonweeklv.com/tucson/lack-of-redundancy/Content'?oid=1193273 News article reformatted for easier reading-Content has not been modified

Lack of Redundancy

A TEP power-line upgrade would still leave Santa Cruz County residents vulnerable to blackouts by Dave Devine

High school graduation is an especially joyous occasion in a small town. in 2005, however, the ceremony in Nogales took a dark turn. Literally.

Power went out during the outdoor evening event, and megaphones had to be used by the various speakers. As a result, the graduates' names couldn't be heard as they crossed the stage to receive their diplomas.

"We're very proud of them," the Nogales /nternat/ona/newspaper (which, like the Tucson Weekly,is owned by Wick Communications) quoted school principal Mark Valenzuela as saying about the graduating seniors. "it was kind of frustrating for them, but they hung in there."

All of the residents of Nogales have been hanging in there, suffering for years from periodic extended blackouts due to a lack of electrical redundancy. Only one major transmission line now runs south to Nogales, from near Vail east of Tucson. Carrying HS kilovolts of power, the line serves much of Santa Cruz County.

Natural-gas-powered turbines in Nogales provide a limited backup, but if the turbines aren't working, Nogales can be left without electricity when the transmission line goes out of service. That's exactly what happened during the graduation ceremony: A storm knocked out the power line, so parts of Santa Cruz County were dark for several hours.

This power-outage problem and lack of electrical redundancy for the border region has been recognized for more than a decade. In 1998, the city of Nogales filed a complaint about power outages with the Arizona Corporation Commission (Acc). In response, the ACC ordered Citizens Utilities Company, which they supplied electricity to Nogales, to install a second transmission line by the end of 2003.

"The bottom line," the IocaI chamber of commerce commented in a 2001 letter, "(is that) Nogales and Santa Cruz County needs new and reliable power sources, and soon."

A 200i study looked at the Nogales power supply and, according ro a story inthe /nremat/ana/:concluded: "Stabilized delivery of electric power would greatly improve opportunities for new industry and commerce."

But the matter of getting a second power line to Nogales soon became extremely complicated. Citizens in 2003 was acquired by UniSource Energy Services, which then assumed responsibility for meeting the Acc requirement.

By that time, UniSource, the parent company of Tucson Electric Power, had indicated to the ACC that it wanted to run a 345-kilovolt line to the border city. This line would also provide power to the potentially lucrative electrical market of Sonora, Mexico.

The route selected for UniSource's new i 50-foot towers ran west of Interstate i 9, cutting through the Coronado National Forest. While the ACC supported this idea, the U.S. Forest Service and many area residents did not. (See Tim Vanderpooi's accompanying story on Page 1 5.) . "That project's in limbo," comments Joe Salkowski, a spokesman for UniSource, about the controversial 345- ilovolt proposal. "We're the innocent babies in this situation."

The ACC apparently isn't pressuring UniSource to install a second transmission line to Nogales. Instead, since a 2004 decision which required the company to make some other improvements to the Nogales electrical system, the mandate for implementing the second line has been on hold.

UniSource has now applied to upgrade its existing line to Nogales in order to meet more of the current electrical needs of the community, although the company does not suggest that the upgrade is an alternative to the 345- kilovolt proposal. The 138-kilovolt upgrade would follow basically the same route as the present i i 5-kilovolt transmission line, but UniSource will replace its existing wooden poles with 70- to 85-foot-high steel monopoles.

"The situation is not one of outages," Salkowski says of the application, "as much as long-term reliability." He says that the existing line can only supply about two-thirds of the peak power load demanded in Nogales, and adds that additional use of the turbines is not economically ideal for electrical customers.

"it will give us more flexibility in terms of system reliability," Salkowski says about the proposed upgrade. He adds that any rate impacts which result from the construction project "are not going to be dramatic."

While Salkowski does not offer specific figures for power outages in Santa Cruz County, Saikowski does provide a general comparison with Tucson.

"Tucson benefits from multiple connections to the (national) power grid," he says, "so it has more redundancy than Santa Cruz County."

In any case, the current application leaves the issue of the ACC-required second transmission line to Nogales unresolved.

"The upgrade was seen as something the company could do more quickly, along with installing new turbines a few years ago," Salkowski explains.

That explanation may not offer much consolation to the 16,000 UniSource customers in Santa Cruz County who lost power for a few hours the night before Thanksgiving last year. One of those most impacted by this loss of power was Flavio Gonzalez, the utility director for the city of Nogales. He remembers the extended outage made his job "kind of interesting."

Indicating that he always tries to provide double-coverage for things he deals with, Gonzalez believes UniSource should do the same.

"This situation has been going on for years," Gonzalez says about electrical outages. "It behooves (UniSource) to invest the money to take care of their responsibilities." 3,4

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Bv pushing a "new" proposal, TEP proves it's never too late to start over

b y Tim Vanderpooi

it's been nearly a decade since Tucson Electric Power rolled out the bright idea of stringing a huge, 345-kilovolt transmission line down through the Coronado National Forest into Nogales, and then on to Mexico.

To the good folks of Santa Cruz Valley, it seems like only yesterday. They haven't forgotten the multitude of hours and dollars spent countering TEP's army of engineers, lawyers and PR hacks, all handsomely paid to argue that anything less th a n a f u l / - b l o w n international connection was hugely impracticaL Company ofi i ci a/5 scoffed at th e i d e a o f simply adding a I38-ki/o volt l i n e t o the current I I5-ki/ovo/t line, thereby giving Nogales al/ the juice it needs-and is mandated by the Arizona Corporation Commission to receive.

That's why more than a few folks were scratching their heads recently, after TEP announced plans to upgrade that 1 1 5-kilovolt line to Nogales to I 38 kilovolts. As y o u m i g h t expect, m a n y S a n ta C r u z Valley residents are a touch disgusted that the c o m p a n y fought them tooth and claw, only to completely reverse itself

"They wasted a lot of our time and energy, and money as well," says Rich Bohman, president of the Santa Cruz Valley Citizens council. The volunteer group became an official participant-known as an "intervener"-when TEP applied for the 345-kilovolt route with the Corporation Commission (a project which is now in limbo). Bohmar/3 group also hired Phoenix attorney to fight one proposed route, which would h a v e directed the massive line along Interstate 19 through Tubae "We easily spent $40,000 on that, "Bohman mays.

If Marshall Magruder had been paid for time spent fighting TEP, he could have retired all over again. The Tubac resident became a perpetual thorn in the company's side, arguing against the 345~kilovolt line at Corporation Commission hearings and to anyone else who would listen. (See TO_&A, Feb. 3, 2005.) As it turns out, the former systems engineer knew exactly what he was talking about. Today, Magruder is still keeping close tabs on TEP shenanigans.

While he has no major beef with the latest proposal, he does note a few niggling problems. For instance, power for Santa Cruz County currently comes from the "Nogales Tap" on lines owned by the Western Area Power Administration. Though WAPA charges a fee for this northern connection, the proposed link will run on TEP lines-at a higher cost. "They'll have to put a couple of miles of new transmission lines in to do that," he says, "and it means we'll pay a different rate. it will be about $2.50 more per month, per customer. And that's forever."

Nor would the latest TEP proposal have more than one line serving Nogales. That could leave the city vulnerable to blackouts- a key reason behind the Corporation Commission-ordered upgrade in the first place. (See Dave Devine's article on Page 13.) The new TEP proposal "doesn't do any improvement in reliability," Magruder says, "except that they're going to replace some of the existing wood poles with steel poles."

He also takes issue with the number of steel replacements needed. Magruder says there's a formula for when such poles need to be replaced, and that TEP might be racking up unneeded expenses. "is it cost-effective? That's how l'm looking at it. They say they'll have less (power) failures with the steel poles. So then I asked them for their failure rate, and they said it's not relevant.' TEP estimated the cost for upgrade at between $24 million and $47 million, Magruder says. "But l'd like it a little closer. That's a big spread."

though the new proposal lacks TEP's earlier intention of rifling through the Coronado National Forest, that doesn't mean nature gets off Scot-free, either. Marty jake can tell you about that. The former U.S. Fish and Wildlife Service biologist lives in Rio Rico, where the company wants to reroute its existing line, That would move Ir from one part ofjakieisproperfy, where Ir is today, to another that's rich with wildlife.

"They told me they would want to remove all the vegetation there within a 100-foot easement," he says. "It's an old-growth mesquite Bosque with hackberry, elderberry, cat's claw and shrubs." it's also home to the yellow-billed cuckoo, which is currently a candidate for the endangered species list.

If_/ak/e doesT sign on to the shift, the company could muscle away the habitat through condemnation. That would make a mockery of the power-line~location process, which he says is supposed to make sensitive species a top consideration. "I worked on environmental plans all of my professional career. If had a case like this, it would be such a no-brainer, because they have that lower-quality habitat on my property already cleared."

Still, the political habitat seems to favor TEP this time around. Unlike before, when it voted to oppose the 345~kilovolt line, the Santa Cruz County Board of Supervisors seems to be onboard with this latest proposal-although those sentiments aren't yet official. "TEP needs to do what it needs to do to make sure that we have the power available for our community," says District 1 Supervisor Manny Ruiz. "Lr will be interesting to see what happens. But as far as a board, we haven't taken a position."

Others have shifted their position from low-key opposition to borderline apathy. Among them is Hugh Holub, a longtime Santa Cruz County player who served as a city attorney for Nogales in the late-i 9905. During the wrangling over the 345~kilovolt line, he was among a group calling itself Maestros, which proposed building a power plant in Nogales as an alternative.

When it comes to Santa Cruz County, says Holub, the utility company seems to lose its bearings. "They've taken the long way to get back to where they should have been in the first place. They went off on a tangent there for a long time that wasn't really doing us any good down in this end of the world."

Holub calls it a colossal waste of time-particularly since TEP's goal of tapping into Mexico's power grid was a pipe dream. He learned that fact while working with the Maestros.

"We proposed putting our power plant right on the border," he says. "Well, one of the things we found out was that the Mexican government made it really, really clear that they weren't buying power on any long-term contract from any source in the United States. And that came from really high up in the Mexican government. In fact the then-secretary of energy who made that ruling is now the president of the country."

Tubac resident Marshall Magruder, right, keeps close tabs on Tucson Electric Power F

1 4 \

I

Arizona Corporation Commission Docket No. L-00000F-09-0190-00144 Case #144 - Vail to Valencia Public Comment

I Please view comments given to Tucson Electric Power at the RosemontMine Transmission Line Project Open House in Vail at AcaciaElementary on March 24"' 2009. (2 days after VUSD students returned from X Spring Break). Shave the same concerns regarding the Vail Substation now. Additionally, the Vail to Kantor line currently does not exist, but it will if the CEC is issued inLine Site Case 14

My name is Charlotte Cook and I live in Vail, Arizona. I have serious concerns about using the Vail Substation to support this mine. It is already overloaded, we have way to many wires going into and out of it.

lam writing to ask you to please consider the ecologically, environmentally, culturally sensible route than the east side of the Santa Rita's. Science Highway 83 does not need to have l38~kV transmission lines or view of a substation on the side (or top) of the Santa Rita's. If an easter route is selected to support Rosemont, local opposition will be extremely significant and should tie this project up in courts for decades to come.

Will the proposed 46-kV to 138-kV upgrade through Box Canyon to Greaterville use the same route as it does now? How will you reduce the visibility of these polesand please use galvanized steel with sky backgrounds?

And also, has the Forest Service approved any transmission line corridors or routes to Greaterville and then to the Rosemont Mine on Forest Service lands? What process will the Forest Service use to site on their land? 3 I ! Also along the east side is the Sonoran Desert Conservation Plan, Biological Core Management Area and the Important' Riparian Area. Would any of these transmission lines be running across state land through these important area? We need to protect the view shed and adverse affects on this critical area. ; We need some questions answered. More information is needed to be addressed to the public. Will the ACC issue a certification of environmental compatibility (CEC) in the National Forest area or is that a separate process?

We must save existing scenic areas, historic sites and structures and Native American archaeological and cultural sites in the vicinity of these lines. These huge transmission lines would harm views and lower property values when within several miles of housing developments. I ! Below I have listed some cumulative impacts in or proposed along Hwy 83 that must be considered when conducting your reviews for the ACC CEC. These subjects all must be addressed so that a comprehensive picture of cumulative impacts on all of these is know before you start any work. The addition of air, land and water impacts from each of the below MUST be provided, not only for the present, but include the environmental impacts after theRosemont mine is fully operational. Arizona Cornoraiinn Commission

E; £1: it( ET E D re.; 1) Proposed Rosemont Mining Project QS s" . .;> LD CO *1"'3 -ca Ma" 3 88 :"ll!' c": cg: ..:~1 2) Proposed Cal Portland Cement Mine 3\ /'J s t lI t`t"i L; -~< - 'JD IJoi;r=;=z :aim iv \ *cy a .-J 3) Proposed Charles Shel Mining Co. KF* c'8 Cb 71

...L 4) W. R. Henderson (Andrade) Quarry at Wentworth and Sahaurita JD

5) Watershed issues (with proposed mines) to consider bothimpacts on quality and quantityJ wa__3 •

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6) El Paso Natural Gas Line

7)Kinder Morgan LiquidProducts Pipeline

I 8)Historic Pioneerand Native Americancultural resourceand Artifacts

9) Historic Andrada Ranch is in proximity

10) Bar V Ranch - Sonoran Desert Conservation Plan for Pima County

11) Riparian Area - designated IRA (Important Riparian Area) a) Several wildlife corridors, plant and animal habitats b) High biological significance areas containing habitat for vulnerable species

12) View shed impairment

13) Scenic Hwy 83 visibility and transportation impacts when constructing and later

14) Cienega Creek (which is also designated by ADWR as an Outstanding Waters

15) Davidson Canyon is the largest drainage into the Cienega Creek and has received Outstanding Waters Way

I 16) Diverse flora and fauna

17) Cumulative economic property value losses w/3 new mines in the area

18) Loss to Heritage and Eco-Tourism revenue from birders, guest ranches, hikers, hunters, and others who come to southern Arizona to enjoy our unique and beautiful area

r 19) Missile Silos

20) Other agriculture lands and abandoned and operational mines off Mash Station Road and Old Sonoita Hwy

21) TEP services including know changes to support these mining projects

22)3 - 4 Housing developments in the immediate 10/83 interchange

23) Rural response time in the area (fire and police and limited cell service)

24) Arizona Trail impacts

On the eastof Sahuartia is the Scientific U of A Experimental Station, this pristine area has been doing research for 100 years. How will this impact the desert research for the future?

Will TEP generators be providing all the electricity power to the Rosemont mine? TEP is 95% coal-powered; this would add much more air that has been polluted to serve electricity for the Rosemont mine. The environmental effect of Mercury and other toxic and cancer causing pollutants are significant concerns. Once in the soil and water their presence is essentially irreversible. Below I have attached a article about coal powered plants and mercury pollution. 0

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How much ground water will be used to8enerate the electricity for use by Rosemontand where will~this electricity be generated? Who is supplying the water for these generators? believe that TEP should be required to use only CAP water for making steam and for cooling instead of using any ground water at the Irvington Coal-Powered Plant. We do not need to be using any of our ground water to provide any electricity for Rosemont.

Also, the Rosemont mine itselfshould also be restricted to using CAP water only. How much electricity will be used just to pump CAP water up hill to the mine andhow muchelecmlcity for the mining operations? Can renewable (solar or wind) be used in the vicinity of the mine so less electricity is required to be transmitted via high voltage lines to the mine?

Why couldn't TEP just use a short transmission line from Rosemont to the Helevicia mine just a few miles a way? I see that line going down SantaRita Road. Can it also be used for Rosemont. Isn't this the easiest answer?

Could a local natural gas generator, using gas from a pipe connecting the El Paso Gas Line near 1-10, be used near the Rosemont substation site so that no transmission lines are required? Could Rosemont use solar power/solar powered generator? This would be less air pollution, use less water, and not put excess demands on local Tucson Electric Power generation or require more and higher cost electricity to be imported for the Tucson area and this mine. And this will have less taxes on the locals.

I believe that TBP and Rosemont are putting the cart before the horse. Rosemont isNOT a done deal. When does Rosemontrequiteelectricity since it does not have any permits from the Forest Service?

Another item, the TEP mail flyer (received) and article in the newspaper (printed) and the meeting are all during Vail School's Spring Break and a lot of people are out of town on vacation time. It seems that everyone that 1 have i r tried to contact is gone. This kind/type of tricks has been done in the Vail area several times before, the Rosemont meetings, and the other TEP substations that Elizabeth Webb worked so hard on to stop off of Old Sonoita Hwy and relocate in the Vail area. I i

i I would really appreciate someone to write me answers to my comments, as I know many of my neighbors have the I same questions. I hope your answers will help us understand your positions.

March 16'*' 2009 Sincerely, Charlotte Cook Vail, AZ 85641 [email protected] i I »I i Thank you, I Dated 's 25today of May 2009 q \

Chnrlo e of 16755 Old Sonoita Highway Vail, AZ 8564 l

Pursuant w AAC R14-3-204 Original and 25 copies of the foregoing are tiled with Docket Control (25 copies) Arizona Corporation Commission 1200 West Washington Street Phoenix, Arizona85007-2927 \ Page l of 2

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From: Organic Consumers Association Published February 23, 2009 09:20 AM UN Reaches Landmark Agreement to Reduce Global Mercury Pollution

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'Obama Administration Reverses us Position, Takes Leadership Role in |Negotiations

Natural Resources Defense Council, via Common Dreams, February 20, 2009 I i IStralqht to the Source

WASHINGTON- February 20 - Representatives from more than140 countries todaycommitted to reduce global mercurypollution, which will helpprotect the world'scitizensfrom thedangerous neurotoxin. Thisagreementwas propelledby the United States'reversal inpolicy, whichalsoinfluenced policy reversals of other countries, including China andIndia.The announcement is a historic step forwardin the tight against mercury pollution, according toscientistsand policy experts at the Natural Resources Defense Council (NRDC).

'This is great news for reducing mercury pollution around the world, and shows a commitment from the Obama Administration to international environmental issues," said Susan Egan Keane, policy analyst for NRDC. "The United States has taken a leadership role that will chart a new=2 Ocourse on mercury protmions around the world. We have set a strong example that is already influencing others to do the same."

The committed countries will reduce risks to human health and the environment from mercury by coordinating global cuts in the use and release of mercury into our air, water and land. The United Nations Environment Program Governing Council, which is meeting this week in Nairobi, Kenya, will now develop a legally binding treaty to be enacted by 2013. The treaty will include actions to reduce global mercury pollution and human exposure to the chemical, by reducing intentional use of mercury in industrial processes and products and reducing emissions f ram coal plants and smelters. it will also address the problems posed by mercury waste sites.

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"Today we have won a momentous human health victory that will reduce illness and save lives both here i and abroad," said Keane. "This globally coordinated plan will substantially reduce mercury contamination in fish, prevent the contamination of our water, and shield our children from a dangerous chemical." I

I 1 Mercury Is a dangerous neurotoxin and global pollutant that moves thousands of miles from its

I s I original source. Its travels through air and water, accumulating in large predatory Tish, and poisons people mainly through the consumption of contaminated fish, including tuna. It is especially dangerous I

I for pregnant women, babies and small children, as it can gravely impede brain development.

Coal-fired power plants are the largest source cf mercury air emissions worldwide - emitting 50 tons of mercury polIution=2 Oevery year in the U.S. alone. As the price of oil has risen,=2 coal has become a more economically attractive source of energy in countries where it is abundant and inexpensive. Currently, coal-fired power plants supply 75 percent of China's energy, in the ne it egret years, China was expected to add more than 560 new coal plants - a pace of more than one new plant each week.Chemical manufacturingfacilities in the Eu roper Union, India and China and small-scale gold mines in the developing world are also among the biggest mercury pollution sources.

NRDC has worked to enact mercury protections at the national and globe I levels for decades. NRDC representative Susan Egan Keane is currently in attendance=2 Oat the U.N. Environment Program Governing Councl meeting in Nairobi, where she is working with the Zero Mercury Working Group, an international coalition of more than 75 public-interest non-gove rnmental organizations worldwide that has been pursuing a legally binding international agreement to reduce mercury pollution for more than five years. Last year, NRDC successfully advocated for a new U.S. ban on the export of mercury, working closely with members of Congress, including the bill's sponsor, then-Senator Obama.

##4# I

The Natural Resources Defense Council is a national, nonprofit organization of scientists, lawyers and I environmental specialists dedicated to protecting public health and the environment. Founded in 1970, I NRDC has 1.2 million members and online activists, sewed from offices in New York, Washington, Chicago, Los Angeles, San Francisco and Beijing.

Natural Resources DefenseCouncil (NRDC) Terms of Use| Privacv Policy 2007. Copyright EnvironmentalNewsNetwork

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http://image.azcc.gov/scripts/cgi/dwisdocket2.pl'?COMMAND=4&SESSIONID=5H6Gt5d2... 7/3/2009 x

-1) Proposed Rosemont Mining Project I i l 2) Proposed Cal Portland Cement Mine I

3) Proposed Charles See! Mining Co,

4) Watershed issues (withproposed mines) to consider both impacts on quality and quantity of water

5) EI Paso Natural Gas Line and Kinder MorganLiquid Products Pipeline

6) Historic Pioneer and Native American culturalresource and Artifacts

7) Historic Andrade Ranch is in proximity

8) Bar V Ranch - Sonoran Desert Conservation Plan for Pima County

9) RiparianArea - designated IRA (ImportantRiparian Area) a) Several wildlife corridors, plant and animalhabitats b) High biological significance areas containing habitat for vulnerable species

10) View shed impairment

ll) Scenic Hwy 83 visibility and transportation impacts when constructing and later

12) Cienega Creek (which is also designated by ADWR as an Outstanding Waters

i . 13) Davidson Canyon is the largest drainage into the Cienega Creek and has received Outstanding Waters Way . : I

I 14) Diverse Hora and fauna

15) Cumulative economic property value losses w/3 new mines in the area I i 16) Loss to Heritage and Eco-Tourism revenue from birders, guest ranches, hikers, hunters, and others who come to southern 9 Arizona to enjoy our unique and beautifularea

17) Other agriculture lands and abandoned and operational mines off Mash Station Road and Old Sonoita Hwy

18) TEP services including know changes to support these mining projects

19)3 - 4 Housing developments in the immediate 10/83 interchange

20) Rural response time in the area I 21) Arizona Trail impacts ! I 22) Limited cell service in this region

On the east of Sdiuartia is the Scientific U of A Experimental Station, this pristine area has been doing research for 100 years. How will this impact the desert research for the future?

Will TEP generators be providing all the electricity power to the Rosemont mine? TEP is 95% coal-powered; this would add much more air that has beenpolluted to serve electricity for the Rosemont mine. The environmental effect I of Mercury and other toxic and cancer causing pollutants are significant concerns. Once in the soil and water their 1 1 presence is essentially irreversible. a ! I How much ground water will be used to generate the electricity for use by Rosemont and where will this electricity be generated? Who is supplying the water for these generators? I believe that TEP should be required to use only CAP water for making steam and for cooling instead of using any ground water at the Irvington Coal-Powered Plant. We do I not need to be using any of our ground water to provide any electricity for Rosemont. As we all know, we are in the desert and water is an important asset. Groundwater should be used for human drinking consumption, not for industrial purposes. Will this be done?

Also, the Rosemont mine itself should also be restricted to using CAP water only. How much electricity will be used just to pump CAPwater up hill to the mine and how much electricity for the mining operations? Can renewable (solar or wind) be used in the vicinity of the mine so less electricity is required to be transmitted via high voltage lines to the mine?

If I had to offer an alternative, I would suggest using existing lines and 'piggy back' or upgrade the poles, to the cost of the applicant (Augusta) not the other TEP customers.

Could a local natural gas generator, using gas from a pipe connecting the El Paso Gas Line near 1-10, be used near the Rosemont substation site so that no transmission lines are required? Could Rosemont use solar power/solar powered generator? This would be less air pollution, use less water, and not put excess demands on local Tucson Electric Power generation or require more and higher cost electricity to be imported for the Tucson area and this mine. This will have fewer taxes on the resident / customers.

believe that TEP and Rosemont are putting the cart before the horse. Rosemont is NOT a done deal. When does Rosemont require electricity since it does not have any permits from the Forest Service'?

I would really appreciate someone to write me answers to my comments, as I know many of my neighbors have the same questions. hope your answers will help us understand your positions.

Sincerely 1 I

Read I

'Ki I I Vail, AZ 85641 | [email protected]

Thank you, Dated this 25th day of f ay_2009 I

Lego PC ox 786 Vail, AZ 85641-0786

Pursuant to AAC R14-3.204 Original and 25 copies of the foregoing are tiled with Docket Control (25 oops) Arizona Corporation Commission 1200 West Washington Street Phoenix, Arizona 85007-2927

I | I

I i ! 9 D I I F

Arizona Corporation- Commission Docket No. L-00000F-09-0190-00 I44 -Case #I44 Vail to Valencia

Dear Chairman Foreman and Members of the Committee,

1

f My name is James Webb and l am a resident in the Empire Mountains SE of Vail, Arizona and a member of the Hilton Ranch Community Association. Additionally, I am the Manufacturing and Process Engineer I I

I at Sargent Controls and Aerospace in Mara fa Arizona and have a master's degree in Research and I Development Technology.

I I I

I I spoke in front of the Commissioners at the August l 8"' 2008 Open Hearing regarding my concerns in TEP line site case l3'7. I have concerns in UNS Electric's line site case 144 as well.

My biggest concern is attached from Rosemont Copper's Mine Plan of Operations, downloaded today, May 25"' 2009, from the Augusta Resources website http://www.augustaresourceconi/upload/Plan _of_onerations/2.7_ Electrical Power _Supplv.pdf.The MPO speaks of two alternatives to provide power to the proposed Rosemont Copper project from a planned transmission line (Vail to Kantor) that did not exist when the MPO was written. In fact, it does not exist today. It will only exist if the Committee chooses to grant a CEC in line site case 144. The MPO

was revision date is 7/09/2007. I • This date is approximately 5+ months before a community meeting was held to notify the I Vail community of the Evidentiary Hearing in line site case 137. This date is 13 months prior to a decision in Line Site case 137. This date is approximately 6 months prior to the Agency and Tribal Mailing List for line site case 144 This date is approximately 7 months before the Open House for the Vail to Valencia line was held in Rio Rico Az and then many months later than every subsequent Open House for the project. My question to the Committee is this. How is it that an in-permitted, non~approved project (especially in 2007) that is as opposed in Southern Arizona as Rosemont Copper had more prior knowledge of the Vail to Valencia upgrade than the general public-in some cases by more than a year? There was never a meeting in Vail or Corona, although the Vail Substation is within the Vail School District boundaries and we had just been impacted by Line Site Case 137.

This is completely unacceptable. A Citizens Advisory Council composed of local citizenry should be added to the conditions of the Certificate of Environmental Compatibility -should it be issued. We deserve to know what is happening with transmission planning in our neighborhoods and communities in a timely fashion

Thank you, Dated this 25th day, of ma ( -

G r o z : i Arizona Corporation Commission c : : James I . -so so ** g 1 ""L '~t1' gm 17451 E. Hilton Ranch Rd. cm i [8.1»..v ,,.¢t M. TED xx: m Vail, AZ 8574!.2032. f " l " U -< o Fl { In\ 4) ».-g1=.Q I v 145- .. ..»¢ goJ 4' we KJ -** cu Pursuant to AAC RI4-3-204 8 9 0-° m Original and 25 copies of the foregoing are filed with 1 J z < Docket Control -83 > :ow m Arizona Corporation Commission o

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4 Information taken from:http://www. august resource. com/upload/Plan_of_Operations/2. 7_EIectricaI_Power_Supply.pdf Formatted for easier reading, content not changed Rosemont ProjectMine Plan of Operations

.7 Electrical Power Supply 02Phe electrical power supply for the Project facilities falls within the Tucson Electric Power (TEP) and the TRICO service territories. The eastern area of the Rosemont Project, which includes part of the mine and all the process facilities, falls in the TEP service territory. The western area of the Project, including the balance of the mine and the fresh water pumping system, falls in the TRICO service territory. Because most of the Project's estimated electrical load and power requirements fall within TEP's service territory area, TEP will be the main electric utility service provider for the entire facility, including the fresh water system. A joint-venture business arrangement between TEP and TRICO will be negotiated and established to compensate both electric utility service providers. The arrangement will probably be based on a percentage of actual mine electrical load between each of the service territories. However, Rosemont Copper will receive one electric utility rate and bill with the breakdown of revenue between TEP and TRICO transparent to the project. This multiple service territory and provider agreement will be submitted, as required, to the Arizona Corporation Commission (ACC) for review and final approval prior to implementation.

In addition to traditional electrical service from commercial providers, the Rosemont Project will also generate energy on site using solar technologies such as passive solar installations for appropriate applications, such as water heaters and fans, and photo-voltaic cell technology for supplemental electricity generation. By using the significant available surface area on facility roofs for the installation solar systems (approximately 300,000 sf), Rosemont will be able to enhance the overall energy efficiency of the operation.

The total connected load for the Rosemont mine and process facilities is estimated to be 133 mega watts (MW) and will require a minimum transmission voltage of 138 kg. Appendix C provides a summary table of the connected loads by mine process area as well as the demand load and estimated running load.

Four power supply options were evaluated to supply this load to the Project. Each is discussed below, followed by the proposed route.

2.7.1 Interconnection with TEP Line Sewing Santa Cruz County (Option 1) TEP currently has a 115 kV transmission line starting at the Nogales tap on the Western Area Power Administration (WAPA) line and running south through the Santa Rita Experimental Range to Santa Cruz County and Nogales. This is the Vail-Kantor line that runs approximately 9 mi northwest of the project site. This option would require that the 115 kV Vail-Kantor line be upgraded to 138 kV and e connection moved from die Nogales tap on the WAPA 115 kV line to the Vail 345 kV substation. A new 138 kV switching station would be required to tap into this line with a new 138 kV transmission line running to the main substation at the plant site. The switching station was initially to be located along Santa Rita Road, which was in the vicinity of the fresh water pipeline and pumps. Step-down transformers at this switching station would distribute power to the pump stations at either 34.5 or 4.16 kg, on a three phase overhead distribution pole line.

WestLand Resources, Inc. 38 Engineering and Environmental Consultants Q:\Jobs\1000's\1049.05\2007 MPO\Final MPO 070907.doc

Advantages of this option are that the cost for upgrading the Vail-Kantor line to 138 kV would be partially borne by TEP as part of a previously planned system upgrade of the system to improve service to Santa Cruz County. The new transmission line to the project site, at 9 mi, would be the shortest distance. The disadvantages are that the timing of the Vail-Kantor line upgrade to 138 kV may not meet the needs of the project schedule, and additional modifications to the TEP system may be required to ensure that 100-plus MW of power is available to the Project. This system option can currently provide only up to 75 MW of power for the Project.

2.7.2 Interconnection with SWTC Sahuarita 230 kV Substation (Option 2) This option will connect to the existing SWTC 230 kV substation, located north of Sahuarita, and include a new 230 kV transmission line running south. It will parallel the existing SWTC transmission lines, until the new line reaches Santa Rita Road. At this point, the line will follow Santa Rita Road and the Rosemont Project's west access road to the mine's moM substation. The advantage of this option is that the Sahuarita 230 kV substation currently has capacity to provide the required 100-plus MW power load for the Project with improved reliability. The disadvantages are that the new I6-mi transmission line is the second longest, and there would be added cost for substation electrical equipment rated for the higher, 230 kV transmission voltage. Another disadvantage is the Project load will cause an overload on the existing 345/230 kV SWTC Bicknell transformer.

2.7.3 Interconnection with TEP South 345/138 kV Substation (Option 3) This option will connect to the existing TEP south 345/138 kV substation located another four mi northwest of the SWTC Sahuarita substation described in Option 2. The new 138 kV transmission line will run east, then about 2.3 mi and then south about 5.2 mi to pick up the same alignment from Santa Rita Road to the mine site as illustrated in Option 2. The advantage to this option is that the TEP South substation can provide the required 100-plus MW at a lower transmission voltage without affecting the 345/230 kV SWTC Bicknell transfonner described in Option 2. The 138 kV main substation at the mine site would be less expensive at 138 kV than the higher transmission voltage in Option 2. The South 345/138 kV substation is also owned and operated by TEP, which will be the electric utility service provider for the project. The disadvantage is the new 138 kV transmission line would be the longest at 21 mi.

2.7.4 Interconnect the TEP South Line to the TEP Vail-Kantor Line (Option 4) This option will connect the 138 kV transmission line from the TEP 345/138 kV south substation described 'm Option 3 with the TEP 138 kV Vail-Kantor line. They will join where the two lines cross at Santa Rita Road when the Vail-Kantor transmission line is upgraded to 138 kV service voltage. This will be the most expensive option, however, the two sources of electrical power will provide greater reliability WestLand Resources, Inc. 39 Engineering and Environmental Consultants Q:Uobs\1 D00's\1049.05\2007 Mpo\Fiy\al MPO 070901.aoc 2.7.5 Preliminary Power Flow Analysis A preliminary power flow analysis was prepared for an interconnection option with the TEP system (Option 1) and with the SWTC system (Option 2). The power flow studies utilized a 2010 summer peak-load base-case prepared by the Western Electricity Coordinating Council (WECC). The studies assessed the impacts on the system in southern Arizona for both normal and outage contingency conditions and for both pre- and post- project scenarios. Contingencies were simulated on the 345 kV lines into and within southern Arizona, and on all facilities in the area with an operating voltage greater than 100 kg.

The studies indicated that the Vail substation could serve up to 75 MW of mine load if20 MW of generation is on-line at the Valencia generating facility or up to 100 MW if the Gateway Project were in service. The Gateway Project is a new substation facility expected to come on line in 2010. The facility is located near Sahuarita. The studies also indicated that shunt capacitors at Sonoita and the Rosemont Project substation would be required to maintain pre-project voltage levels. Upgrades to certain SWTC facilities would also be required to mitigate any impacts due to outages. The analysis of the SWTC substation at Sahuarita indicated that the SWTC substation could provide 100-plus MW of power to the mine, however, some upgrades to their facilities would be required to mitigate the impacts of outages. Shunt capacitors at Sahuarita and the Rosemont Project substation would be required to maintain pre-project voltage levels.

2.7.6 Description of Proposed Electrical Power Supply Based on the analysis summarized above, Option 4 is proposed, although the line routing has been modified to avoid traversing the Santa ta Experimental Range. Recent discussions with TEP have continued that the Vail-Kantor transmission line upgrades will be completed I m time to support the project and that the Vail substation can supply the 100-plus MW of power for the project. The source of power for the project is, therefore, based on tapping into the upgraded 138 kV Vail-Kantor transmission line as noted in Option 4. The tap will be made at the intersection of the transmission line and the northern boundary of the Santa Rita Experimental Range (Figure 2-9). A new switching station will be provided for the tap and a new 138 kV transmission line will run about 4 mi east, along the northern boundary of the Santa Rita Experimental Range. The transmission line will then tum south for another 4 mi until it intersects the west access road into the MMe site. The new transmission line to the plant main substation is about 11.6 mi long and follows the proposed fresh water pipeline route from the well fields north west of the tap near Sahuarita, Arizona (see Section 2.8). The proposed 138 kV transmission poles will be single 90 foot, two section, direct buried, steel supporting a vertical type, three phase line configuration, providing a minimum of 75 ft ground clearance for the transmission line. Pole spacing will be about 800 ft on level ground and less where required to maintain ground clearance on varying and steep topography. WestLand Resources, Inc. 40 Engineering and Environmental Consultants Q:Uobs\100D's\1049.05\2007 Mpo\Final MPO 0709071100 A new substation would be located at the switching station with a single 138 kV to 4.16 kV or 34.5 kg, step down transformer isolation switches, and circuit breakers to distribute electrical power to the fresh water wells and pump stations at either 34.5 kV or 4.16 kg, using a three phase, overhead distribution wooden pole line. As an alternative, electrical power for the well fields and fresh water pump stations could be fed independently from a separate source on the SWTC system which is in TRICO's service area. The estimated power load for the well fields and pump stations is about 7.2 MW. WestLand Resources, Inc. 41 Engineering and Environmental Consultants QI\Johs\1000'S\1049.D5\20|J7 Mpo\Fin8l MPO 070907.dOC EXHIBIT

UNS ELECTRIC, INC. 6?ou- I 0 RESPONSES TO Ms. WEBB'S 4€r1~@ FIRST SET OF DATA REQUESTS L-00000P-09-0190 May 21, 2009

Data Request E Webb 5. What planned role (current economic condition not withstanding) does the Vail Substation (either the l38kva or EHV) have in the renewable energy -field? Data Request E Webb 5a What organizations has TEP worked with towards renewable energy and related transmission line corridor planning in relation to renewable energy? Please list. Data Request E Webb 5b. If TEP has not worked with any organizations but has worked independently, please list this.

RESPONSE: Objection: Beyond the scope of the Committee proceedings and is irrelevant to the determination of environmental compatibility and need for the Project. Without waiving the objection, UNS Electric provides the following response:

The Vail Substation is a potential connection point for any renewable energy prob ects that might be built in the vicinity of the site. In addition it is connected to the regional electric grid and allows any party interconnected at the site to access renewables that are connected to the grid. a: The major effort within the state is the Arizona Renewable Resource and Transmission Idenfmcalion Subcommittee (ARR TIS) that is a part of the South West Area Transmission Study (SWAT) group. This group is working to respond to issues in the Commission's Biennial Transmission Assessment requesting the utilities in Arizona to identify transmission projects to promote renewable energy. b. See the response to E Webb 5a above.

RESPONDENT: Ed Beck UniSource Energy Services Page 1 of l

i EXHIBIT aw - n

gnu 843*5YnfE s seneca ~n4 ME cavmunrrv Y smmranw UNS Electric Solicitation Master Agreements RFP notice to Bidders EXHIBIT Confidentiality System Maps Tucson Electric Power Company ("IEP") and its affiliate UNS Electric 1nc,,<"unse") are jointly soliciting Resource plan proposals from parties interested in provirling renewable energy and associated credits from wind resources 564/'U Bidder Teleconference only to TEP and UNSE through power purchase agreements and/or the ownership of generation assets. i Contacts dvvs RFP UES Credit Ratings During this RFP process, Action Group, Inc. (Action) will be providing Independent Monitoring services. Action will be responsible for monitoring and overseeing the RFP process to ensure it as being conducted in an open and fair manner in accordance with the best procurement practices defined by the Arizona Corporation Commission. Ali questions, comments. suggestions, and complaints about the RFP process should be directed to the Action Group.

Accion Group, Inc Mr. Harold Judd - President 244 n. Main Street Concord, NH 03301 Tel. 603-229-1644 Cell 603-568-8207 hjudd@acciongrou;1.nom C0928 Home s II""v8m~ I

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a l 1111 lllll 11111 lllll 11111 :no 1--» BEFORE THE ARIZONA POWER PLANT AND TRANSMISSIC EXHIBIT \

<19 YY3 | IN THE MATTER OF THE APPLICATION OF UNS ELECTRIC, INC., IN CONFORMANCE WITH THE Arizona Corporation Commission REQUIREMENTS OF ARIZONA REVISED STATUTES §§40-360 et seq., FOR A CERTIFICATE OF Docket No. L-00000F-09-0190-00144 ENVIRONMENTAL FOR A ENVIRONMENTAL COMPATIBILITY FOR THE VAIL TO VALENCIA 115KV TO 138 KV TRANSMISSION LINE UPGRADE PROJECT, Case #144 ORIGINATING AT THE EXISTING VAIL SUBSTATION IN U SEC. 4, T.l6S., R.l5E., PIMA COUNTY, TO THE EXISTING gr: :u cm c.. VALENCIA SUBSTATION IN SEC. s, T.24S., R.14E., IN THE 3 7 4 i m CITY OF NOGALES, SANTA CRUZ COUNTY, ARIZONA f*1"o c'> "*r> 9 8 9_'-Lr L' z=§r: ""4l..L' 1 > < Notice of Filing of Additional Potential Exhibits 2308 m C»( _€`: 9 U By r

On behalf of herself, Elizabeth Webb provides notice that the following documents may be introduced as exhibits.

EW-12 SWTC Ten Year Plan Map 2009-2018 EW-13 TEP EHV Ten Year Plan Map EW-14 Photo Sonoita Substation EW-15 Minutes Santa Cruz County April 21 2008 Minutes (P.2) EW-16 Workshop #2 on Transmission to Support Renewable Energy Development Interconnection Process June 5*" 2009 (PP 1 and 8)

Furthermore Applicant provides notice that the following documents may be introduced as exhibits:

Open Access Technology International Online-Tucson Electric Power available at:

http:// .oado$is.com/tepc/lmdex.htm1 (Original disclosure that information would be takenfrom this source given to Applicant and Intervener Magruder on May 27"' 2009)

http;//www_0ati0asis_Q0fn/TEpc/TEpcd0cs/swTc-TEppubHQTI-2_n5n']-issi0nm[g06042009*pdf (Administrative notice: applicable excerpts to be provided at the hearing, although two have been numbered and are being docketed with this notice today as EW-12 and EW-13).

http://www.oatioasis.com/TEPC/TEPCdocs/SatStudy_Phase4_05-07-2008 .pd

• BLM National Environmental Policy Act Handbook H-1790-l available at

http://www.blm.gov/pgdata/etc/medialib/blm/wo/Information_Resources_Management/policv/blm_handbo ok.Par.24487.Fi1e.dat/hl 790-1-2008- 1 .pd Arizona Corporation Commission D QETED 1 • BLM Rights of Way and associated forms

4

nacxxzten HY Page 1 of 2 A I v

h@:// .blm.gov/wo/st/en/prog/energy/cost_recovery_regulations.html

• Community Associations registered with Pima County in the Vicinity of the Proposed Project.

http://dot.pima.gov/gis/maps/mapguide/

• Data Request responses as applicable when received firm Applicant.

Copies of this information have been provided via email to the Applicant's attorneys and Intervener Magruder.

Dated this 15thay _

ELIZABETH BUCHROEDER- EBB

A Elizabeth Buchroeder- ebb 17451 E. Hilton Ranch Rd. Vail, Arizona 85641 (520)247-3838 [email protected]

Pursuant to AAC R14-3-204

Original and Q copies gr go; foregoing filed with

Docket Control (26 copies) Arizona Corporation Commission 1200 West Washington Street Phoenix, Arizona 85007-2927

Service List:

Charles Haines Jason D. Gellman Janice Alward, Chief Counsel, Legal Division J. Matthew Derstine 1200 West Washington Street Attorney for the Applicant Phoenix, Arizona 85007 Roshka Dewulf and Patten One Arizona Center John Foreman, Chairman of the Arizona Power Plant 400 East Van Buren St. Suite 800 &Transmission Line Siting Committee Phoenix, AZ 85004-2262 Office of the Attorney General 1275 West Washington Street Marshall Magruder Phoenix, Arizona 85007 Intervener PO Box 1267 Marcus Jerden, Corporate Attorney Tubac, Arizona 85646-1267 Tucson Electric Power Company • PO Box 711 Tucson, AZ 85711

Page 2 of 2 EXHIBIT aw - 12

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q- Lr> CD r~ of av 1- v' `€ 4*.a r 4, 4 l EYH\B\T Santa Cruz Valley Citizens Council

MINUTES 9 al' l< APRIL 21, 2008 ctQ9ry\ TUBAC COMMUNITY CENTER 9:00 A.M. 'PZ PLEDGE OF ALLEGIANCE

OFFICERS AND DISTRICT REPRESENTATIVES PRESENT: President Rich Bohman, ls Vice-President Harry Peck, 2lldVice- President Jim Patterson, Executive BoardMember Earl Wilson, Treasurer Judith Noyes, SecretaryNancy Bohman, l-Mikell Lawrence, 2- Charlie Meaker, 3-Claire McJunkin, 4-Gillian Brooks, 5-Sherry Hull and7-Germaine Juneau

OFFICERS AND DISTRICT REPRESENTATIVES ABSENT: Executive Board Member Susan Maurer, 6-Kim HEtherington

I\L4RKYOUR CALENDAR

Wildfire Awareness Community Meeting - Wednesday, April 23, 7p.m. - Tubae Community Center

Deadline to appeal Property Taxes: Tuesday, April 2 (Thosefor whom the appeal was sueeessfid, but nevertheless saw their tax amount rise, the Assessor's Ofiee is planning on sending out corrected statements this week, but to be sure contact Liz Negrete, Office Manager, County Assessor's Qgice, 1-520-375-8030)

Dr. Michael Ben-Eli Talk on "Sus1a1?|abi1Wv"- Friday, May 2, 3:00p.m. - Tubae Community Center

Proposed Rosemont Copper Project Hearing - Saturday, June 7 - 9:00 -. Noon, Sah Sarita High School Auditorium, 350 West Sah Sarita Road (Formal eommentperiod extended through July 14, 2008: Mail or hand-deliver comments to A TTYW Rosemont Copper Project ElS, Coronado National Forest, 300 PK Congress St., Tucson, AZ 85701 E-MAIL: comments-south western-coronodo@[s.fed.us and FAR 388-8305)

GENERAL BUSINESS

The Secretary's Minutes for March 17, 2008 were unanimously approved with no discussion, opposition or abstention. Treasurer Judith Noyes gave the Treasurer's report stating a balance of $l6,358.75. Since the beginning of the year dues and donations totaled $7,525 and professional fees amounted to $5,977.65. The Treasurer's Report was unanimously approved with no discussion, opposition or abstention. Treasurer Noyes asked the membership to use the membership application form along with a check (or cash) when paying in order to keep the tiles updated with the new Districts and any change of e-mail address. President Bohinnan thanked Carol Cullen for her two years of service to the SCVCC. Ms. Cullen stepped down last month Hom her position as Executive Board Member. She is also the Executive Director of the Tubac Chamber of Commerce. Ms. Cullen was instrumental in helping the school bond issue pass and was a researcher as well as the main presenter forth power point presentations opposing the permanent border checkpoint last summer. President Bohman recognized District 3 Supervisor John Maynard and District 3 Planning and Zoning Commissioner Lil Hunsaker in attendance. Supervisor Maynard then introduced Juan Pablo Guzman, Clerk of the County Court. Mr. Guzman was appointed by the Governor in December to till in for the former Clerk of the Court. Mr. Guzman said there has been a huge transformation at the Judicial Branch and he hoped to bring the Judicial office closer to the citizens to show the important services that are provided. He said he felt they needed to be more accessible and would soon begin scanning all the criminal files, which would be made available electronically. Mr. Guzman also oversees passports and jury service. Mr. Guzman stressed the importance of participating in jury duty when called and urged the citizens to set up an appointment with him with any considerations they might have. President Bohman also recognized Lan'y Robertson who had been selected in Tucson Lifestyle as one of the top Tucson attorneys and only one of two in his specialty of Energy Law.

OLD BUs1nEss

FERENDA UPDATE: Lynn Carey, Chairman for the Coalition for Responsible Growth, recapped the work done by the Coalition. area stated they had had a successful Kick Off Party andsaid if anyone wished to participate as a volunteer, to let her low.

PROPERTY TAX APPEAL DEADLINE: President Bohman reminded themembership that theyhave until April 29"' to appeal their propertytaxes andemphasizedthat those who had been successful in their appeal tohave their propertytaxes reduced last year should be sure that the tax has not gone up this year as by state law thereis a year moratorium ifthe tax amounthas been reduced. District 7 Representative \¢-97, -iv

s 0 I

Germaine Juneau said she went to the County in person as she had been told she would have to sign a petition even though the mistake in raising her taxes had been made by the County. She said Liz Negrete, Office Manager at the Assessor's Oiiice corrected hers online. Contact numbers: Assessor's Office 1-520-375-8030, TaxDetective, e-mail [email protected] or call 529-3154.

NEW BUSINESS Hz UES UPGRADE OF 115 KV POWER LINE: Larry Lucero, Manager of Marketing, and Art McDonald, Director of Corporate Relations and Communications, for UniSource Energy Services (UES) said UES is planning to upgrade the existing 115 kV primary transmission line to a 138 kV line between the Vail Substation in Tucson and the Valencia Substation in Nogales. .* ¢..-,nz fwsiof 1 . 4n§¥1§19'£¥¢t with 9 map resaniills th 1?r0J<=<=t~ .He said the 115 kV Fine M a50 Megawatts capability that the upgrade to a 138 kV t h e ° "Hy dciubiingthe capacity. Also, the wood iiame poles will be replaced with steel monopoles, which will be about 75 feet high (current height of the 115 poles is 65 to 70 feet), According to the newsletter, the project is needed to meet growing demand, upgrade and reinforce the current electrical distribution system and improve reliability for now and the future. Mr. Lucero stated that until mid-year they will be conducting public meetings, inventorying environmental resources, conducting an impact assessment and mitigation planning, and selecting project aliginnnents. By early fall they plan to apply for approval from the Arizona Corporation Commission (ACC). There will be more opportunity for public input and the project will go before the Arizona Power Plant and Line Siting Committee. If approved, construction would begin in 2010. Leila Pearsall inquired about alignment changes. Mr. Lucero said they hoped to stay within the existing corridor of 100 feet, but they must wait for the study. He said they have already sited available lines in the existing com'dor that could be used with sufficient width as an alternative. The study condor is one half mile wide. Gene Rudolf asked if the new poles would be in the same positions and the response was they would be as close as possible to the old positions as the spans are pretty much the same. Mr. Lucero said to let them know if the poles were too close to existing businesses. Distn`ct 2 Representative Charlie Meaker asked how long the 138 kV line would last. Mr. Lucero said he didn't know the forecast. Larry Roberston said in 2000 or 2001 the ACC mandated Tucson Electric Power to build a second kV line to Nogales and asked if this upgrade satisfied this requirement and Mr. Lucero said no. Mr. Lutero said there was "nothing new" with the previously proposed 345 kV line to Mexico and added there was a new generator [combustion turbine - 20 megawatts) installed at the Valencia Substation ill Nogales two years ago. Marshall Magruder asked various questions regarding why galvanized steel poles couldn't be used as they were the same cost and asked Mr. ro to confirm that the Rosemont Copper Mine Plan includes the Vail to Nogales 138 kV transmission line as Tucson Electric Power's ed Option to provide power to that mine. Mr. Lucero responded that these questions could be answered at the Line Siting Hearings _ -evident Bohman inquired if this cost would eventually be included in the rate base and Mr. Lucero responded it would. Mr. McDonald said to call their 24 hour hotline with questions or comments: (866)403-6358.

UNS GAS RATE CASE: Marshall Magruder stated that a new rate case was submitted last monththat included all the feahlresthat were :disapproved in the priorrate case concluded last December, including being charged for gas beingused by others andhaving a higherrate for areas with warmer climatesbecause colder areas havehigher gas bills. Also, Mr. Magruder said a UNS Gas Demand Side Management DSW program has been in effect since January but UNS Gas has not providedthe public with any informationas to how to reduce payment JI' receive rebates.

UNS ELECTRIC RATE CASE: Mr. Magruder advised that the following will happen on l June 2008: 1) residential rates will increase 11.8% (from $104.05 to $116.34 for 1,000kw, 2) small business rates will decrease by6.15% (from $692.75 to $650..16 for 5,000kw. Mr. Magruder cited seven of eighteen open issues, suchas lack of response to life support customersduring an outageand the $93,000 for Santa Cruz County high school scholarships that arein arrears.

DEBRIS PILES OFF EAST FRONTAGE ROAD: Thomas Driscoll inquired ofSupervisor Maynard whohe couldtalk toregarding the piles of debris north of his subdivision, Tubac Rio Cruz, off the East Frontage Road. SupervisorMaynardsaid that he believed this land was owned by the Arizona Department of Transportation (ADOT) and would give Mr. Driscoll a point ofcontact.

TALK VWTH YOUR SUPERWSOR: Supervisor Maynard mentioned thathe would be at the Deliin the village for coffeeuntil noon to meet with anyone who wanted to talk about County issues.

NEXT SCVCC MEETING: The next meeting will be Mondav. Mav 19. 2008 at 9:00 a.m. at the Tubac Communitv Center unless further noticed. l o URN: 10:15 A.M. Respecttillly submitted: Nancy M. Bohman Secretary, SCVCC 109% t . ,.`h.'

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BEFORE THE ARIZONA POWER PLANT AND TRANSMISSION

IN THE MATTEROF THE APPLICATION OF UNS ELECTRIC, INC., IN CONFORMANCE WITH THE Arizona Corporation Commission REQUIREMENTS OF ARIZONA REVISED STATUTES §§40-360 Er seq., FOR A CERTIFICATE GF Docket No. L-00000F-09-0190-00144 ENVIRONMENTAL FOR A ENVIRONMENTAL COMPATIBILITY FOR THE VAIL TO VALENCIA 115 KV TO 138 KV TRANSMISSION LINE UPGRADE PROJECT, Case #144 ORIGINATING ATTHE EXISTING VAIL SUBSTATION IN Arizona C "action Commission SEC. 4, T.16S., R.15E., PIMA COUNTY, TO THE EXISTING VALENCIA SUBSTATION IN SEC. s, T.24S., R.l4E., IN THE D'-.,.; I../' "`TEDJZ CITYOF NOGALES, SANTA CRUZ COUNTY, ARIZONA

DOCIKFTI$n" BY ' Notice of Filing of Potential Exhibits

By Elizabeth Buchroeder-Webb (Elizabeth Webb)

On behalf of herself, Elizabeth Webb provides notice that the following documents may be introduced as exhibits.

EW-17 which includes the following taken tim previously disclosed documents available online or from data requests and may include other relevant previously disclosed information

Community Associations registered with Pima County in the Vicinity of the Proposed Project (A) Mailing label overlay map provided in UNS Electric response to Data Request EW ll and 12 (B) TEP Certificate of Convenience and Necessity Segment lA, taken from (C) http1//www.oatioasis.com/TEPC/TEPCdocs/SatStudy__Phase4_05-07-2008.pdf Table of Community Associations, Electric Provider and Project Distance (D) E Webb response to UNS Response to Data Request EW ll and 12 (E) Response from UNS Electric to Data Request EW ll and 12 (F)

Copies of this iNformation have been provided via email to the Applicant's attorneys and Intervener Magruder. EXHIBIT Dated this 17"" day Q h me 2009 £814 ~l7 R- EB r-\.\ ELIZABETH BUCHRQEDE W :J"we QCWQ - .133 ..-° (__. 4 re: » "we 0 lizabeth BuchroedEr-Webb FT! 17451. E. Hilton Ranch Rd. _.o < Vail, Arizona 85641 3> m 9 (520)247-3838 [email protected] O cm UP

Page 1 of 2 Pursuant to AAC R14-3 -204

Original and Z i copies of the foregoing are filed with

Docket Control (26 copies) Arizona Corporation Commission 1200 West Washington Street Phoenix, Arizona 85007-2927

Service List:

Charles Haines Janice Alward, Chief Counsel, Legal Division 1200 West Washington Street Phoenix, Arizona 85007

John Foreman, Chairman of the Arizona Power Plant &Transmission Line Siting Committee Office of the Attorney General 1275 West Washington Street Phoenix, Arizona 85007

Marcus Jerden, Corporate Attorney Tucson Electric Power Company PO Box 711 Tucson, AZ 85711

Jason D. Gellman J . Matthew Derstine Attorney for the Applicant Roshka Dewulf and Patten One Arizona Center 400 East Van Buren St. Suite 800 Phoenix, AZ 85004-2262

Marshall Magruder Intervener PO Box 1267 Tubac, Arizona 85646-1267

Line Site Case #144 Vail to Valencia Docket No. L-00000F-09-0]90-00I44

Page 2 of 2 EXHIBIT EW in 17

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TEP Certificate of Convenience and Necessity AJ/_ L I Tribal County

Town I city

May 7, 2008

This map is for general planing purposes only TEP and LlniSoume makeno warranty of its accuracy

Data Sources- Lines: LlniSouroe, SW Transco & PLATTS Data. ALRIS. ADOT, Pima County, PAG & nationalatlas.gov Projection' UTM Zone 12N NAD 1983HARN A UnlSounr.e Energy Corr pan, Source' POWERmap, powermap.platts.com Copyright 2006 Platts A Division of The Mcgraw-Hill Compares a ¢ "e **5 0 r * W: 9 ° §'§"3-_ ox IZ.) m o as x ,5/> o 0*-a N -u 0 4°o 882 L. Q vi g ea :s .83 4: "8 8 p-> 'Lue ~»~ E "s- 8 cs : ¢ ,~ \ -4. =.:- Lu. '8m *pa m 8 8 44 -aQ Q o : Q.) Q, "T § "-E QS cm O U °::" 'is 8-A o o ¢ . = o , _Q o 6 x A.. Q D-4 ': L.. ° = '53 Cl. fl-` 2 E- 8.2 E Q m QC 8.2 .la - | ac -g > 58:.9 o 8 E o " n 8 o O G Q °5 g Q-f u N w M go?Q VS r a - Q.. a.. (J-4 o O Q LY-I LL] nu LL] s.. s- 5-4 cw '88 so 9... 4 .9 E- 8 t-~ £- P- t - e - I-' P' -- 3 D Qs *: c: u--, £4 s . •1-4 O s o of rt) w_,o e au a ac *a 14 > 8 on m 8 :n .: .g _a-» 8 Q o Ce 1-4 ,g §§s Ra 'U 8 E - E 8_ '5... 58 § 8 a G "= aho F 8 QS L B 8 E- 3 -cm o '53 in 2 V38in q 8 Qu-1*'g >-o '-=Q 8» V 9 Q..- no LL] .,'1'; g_ 8-9; 0 Q) u m WQQ Ev: 45:-.= .*,: .: .*:*§ : > = O c/~ cm _go E m 3 = ==.2 ='>*a "Hz o ¢.= *-» an :A cm cm c g U u o 4.) 4 ) a.> o Q w 9__goo_ n m '<3E ,g .M Q _o o -1-4 r : ."i,: o a Q' 4-4 O f E s 8_ 849: ' 8 E E it' O u E CG Q 4J\.¢M 8-1 LI =-.3 (D u Q M-l rllli °-1 = a. a. v-4 -1-4 N pp .§ Q-4 ¢-l --4 °'-o "ESQ Qt,_W §v-I *-I 4-1 et et ::s F- -4' 8 < : ~§."°c C 2 8 ~§ Qs aQ. on> 2 "K LJ-l 88 » ms 0 0 4- O 92 "D `®$~§ 3 Q |- Q. 8 v-4 ¢ 8 E Q q) 8 8 8 <:~*e c. 8 i al 'a .8 .: gas* .__w .Ia m .s QF" Ia m oz L "' o Q *Q* u vo cm (D >'W J =§ Q .33 2 841 Q 'cv 2 8 v Q) .-2 ._ 3 8 g w m N 22 vv-4 Lu =*§ +-» 2 2 E 'E a 4 - » :: N'.?.'¢© 4. Q* o © -1- of U) 3 n 1 s~ Q 8 0 98 §_~3§§ bl) a.2=-'.-0 *-U Q °-9 4 *' E <4-|D.=Lw-I < < N ("~I N 8. O cm 0) 83 E =s4 Eu DO v8§ _mu QS Q _Tow 8 84.4.9 s: 8 cy: = 8 2 c: D =Eu 2 8-4 88 8_§l° s *a == w 49 g *as Q. 3:=~.3 8; 8 E b E vo GN " a M '\` _Q o .2O c y o -3: 33963 D J G ~: = "' `°N > Ar. 4894-» m 9* 'us Q e O 0 88 ° 3 82 .*: ....4= '3» - 3 .8-u. s >=.8039* G 4- 1 w -D -c O °o:'&'»* o re m 4) 8 ws Q 9 Ag _. >< 5 -Q 29u ii. .8 ,Q 2 .: E §28 `<> Q uLa 8 3 47 n 0 3 g o 4 2 w .a an so = EEwWM' Q-4 D- 'Q 'E m w m .34'=>u O e.=:='§< ~=a 2 8 3.a =8 u - V ° » ~=r 88 ~ ~ \ "3 c~l 4 . :_§='-. £ 8*-. .3 cn'T o .: ; onQ .m o .»-4s: 8 38n. 4: m 82 ._..-»-4 0 -: '~a»"G i n 3 38 Eu -: :_ C c 8 E - S e cs <(: 3. oz O c: EB s .-Q o o Q.. ll) z "' fuas E o +4 'is o _'fl '13 L. >> .53;¢»'§ O cu v s _Eu §3~§ .*.: <4 .- w m *ga m l .Je Ag. E m V LE 5 m 38 my s: 5.9 Cr. 8 8 788 5 o ' 9 $ - 4 4 4 x : E »8 cm m o 4\~ :s =an o m N n we o £ 8 V) O m GJ ~; 8 --.48; *--»S. 8 : 3 Ll ._.> 8 8 3 E In >~ CJ 13 0 < 'U Q.. *sq* > L* 2 'U :- >. cm >\ U->» m .E nO ,8.§ =§Q°6 G 8 ~ m 8 Q .: n 4-s: -c u 8-1 LJ ° ' u s an 93. '49 4186 -as *,;; c: .*:.= s- u M w 3 .-1 3 <8 $4 <98 Nd § me ~2~; "B '13 N 8 =.g a.. = : <° z» 1,8 he QE 8 as e o > E 8' 2 Q Q 3 byQ. Q) ff: 3 imp i s 1-4 .pa .3 m 3 he 8 3 58 o to g 3 0 > Q Ts 8* 9 8 an.. '*3 8 2 Z aQ g82.9 O 8 3 53 ~a '10 o 8'99._ '- Q .9 ;"4:=23 oz S *~ -: 4-1 3 °.c: §89.9 l lv-4 1 Cl) :3 as ?*§8._ ,r 8_3 Q m 488°-§ 8 8 498.2 a S ? 95 E Ia a# U »-45 88883 Elizabeth Webb Civilian Intervener ' 1 7 4 5 I Hilton Ranch Rd. Vail, AZ 8564 l (520)247-3838

12 June 2009

Sent via email and USPS

Jason D. Gellman Roshka DeWulf 8: Patten, PLC One Arizona Center 400 East Van Buren, Suite 800 Phoenix, AZ 85004 Phone: 602-256-6100 Fax: 602-256-6800 email:[email protected]

CC Marc Jerden Unisource Energy Corporation One South Church Suite 200 Tucson, AZ 8570 I Email: [email protected]

Re: Vail to Valencia Case # 144 Docket # I)ocket No. L-00000F-09-0190-00144 UNS Electric's response Sent June 9th to Data Request E Webb I 1 and 12 Sent JUre am 2009

Data Request E Webb 11

"Please include a copy of the mailing labels usedfor any and all project newsletters for Segment lA and IB in the above referenced case formatted as such:

l. Project Newsletter "X" dated "X" mailed to this mailing list and attach mailing labels. 2. Project Newsletter "X" dated "X" mailed to this mailing list and attach mailing labels.

If there was no change between labels, you may state no change.

Data Request E Webb 12

Please provide an overlay map with the properties these mailing labels were sent to beneath it.

UNS Electric has objected to the extent that I am "requesting the mailing list containing specific names and addresses of persons sent mailings. That information is not public record, is confidential, and the privacy interests of those persons outweigh the need for disclosure."

It was also stared that UNS Electric "Ischecking into the possibility of creating amap that will identify the properties included in the mailings.

object to UNS Electricals objection for the following reasons:

1. In UNS Exhibit 4 PP. It states that Mr. Miller will testify that:

-the first newsletter was sent Dec z7"' 2007, to over 5000 residents in the initial study area. -the second newsletter was sent in May 2008 to over 20,000 residents in the Tina] and expanded study area. -the third newsletter sent in November 2008 to over 80-000 addresses... 1 is' .-I

- the fourth newsletter sent in April 2009 to 30,000 addresses notifying the public...

2. Ii as the exhibit states, the information was generated based on the study area, then the information I have requested is not private as the land ownership recordsin Segment lA and LB are listed as public records, available to the generalpublic on the Pima County GIS mappingsystem.http://dot.pima.gov/gis/mapsimapguide!.

3. Roshka, DeWulf and Patten and Transom have set a precedent in LS Case 137 before the AZ. Power Plant and LS Committee in using mailing labels as evidence containing specific non-redactcd names and addresses of persons sent mailings for public outreach. (NO. L-00000C-08-0011-00137 VOL II 2~20~2008 TEP -10)

4. In my motion to intervene, my opening statement, my cross examination to Mr. Beck, Mr. Warner and Mr. Miller I have spoken of concerns regarding public outreach and concerns in Segment lA and a smidge south in Segment lb to the Santa Cruz county line. The information requested in my data request would enhance my direct examination. It would also require LTNS Electric to verify its statements of fact concerning newsletter mailings.

If there are additional names on the mailing labels of individuals wllo are not along the project route and who were sent newsletters in the enhanced mailing lists, I will accept redacted information, such as provided in evidence already submitted and accepted into evidence by UNS Electric. An example is provided below from an Open House:

UNS-1 Application J-4 Open Houses Page 1

Sign In Sheet Summary Open House February 26 and 27'". 2008

Alice Lake-Rio Rico Resident [Information Redacted]

To summarize, my request for the labels, mailings and dates is valid and relevant as UNS Exhibit 4 is relevant to public outreach. My request would enhance that evidence to determine what addresses along the project route received mailings for the area mown as Segment la and lb.

.I I am asking UNS Electric to clarify and validate their assertions in Exhibit 4. My request is directly related to UNS Electric's statement of fact inExhibit that it sentmailings to the "initial and expanded study areas" andthe numbers of addresses limed above in #1 of my objection.

Providing this information will also expedite my direct examination and reduce my costs. I believe the former is a goal of the Committee. It is my perception that the Committee and the Chairman would like to complete the hearing in one day.

Additionally, I have articulated how UNS Electric's claim to privacy interests is not valid to deny discovery for this request in Pima County, the area for which I made my request. I certainly hope there is net confusion over the tiny portion of segment Cb that overlaps into Santa Cruz County. If that is at issue, please let me qualify that I am asking for the intimation in Pima County only.

On June 9'*', I sent the following email to Rosina, DeWulf and Patten:

From: Vail Arizona [mailto:[email protected]] Sent: Tuesday, June 09, 20094:19 PM To: Mary lppolito Cc: Jason D. Gellman, Matt Derstine, [email protected]; Michael Patten Subject: RE: R.esponse to UNS Electric's response to EW Webb Data Request Dated 5 June 2009

Mary!

Thanks for sending this along! I have to head into town so this is just a quick response back. Will formulate a moreofficial looking response tomorrow!

Typically mailinginformation is generated by a title company or through amailing label service or such as the City of Tucson provided for the Cienega substation requirednotice tr the properties in a certain area and it is public, not proprietary information- l such as if I were asking for TEP/UNS Electric's customer list. (whichI am not)

I think the idea of providing amap of the properties that were sent the newsletter would be adequate as long as I can see what what

2 » J

properties 'm the vicinity of the project were sent which newsletter on which dates, as requested. I would appreciatereceiving it in a timely manner tram the original date l made the data request though. Thanks again!

1 will still accept a map showing which specific properties were sent which specific newsletters on which date, but I am steel] requesting the rest of the mailing list in the above specified redacted form as already entered and considered acceptable by UNS Electric in this hearing, in a timely manner. (by 16 June 2009 according to the 10 calendar day mentioned in my motion to intervene).

Lastly, I am feeling frustrated by these continuedprotracted dealings over very simple data requests. It is difficult to form my testimony with incomplete information.

As I mentioned in the email sent on June 9th, the date the original data request was sent is still considered the original date and I appreciate a complete response by 16 June 2009.

Thank you,

Dated this 12"' day of June 2009

Elizabeth Euchroeder- Webb

Elizabeth Schroeder-Webb

3 \ 4

UNS ELECTRIC, INC. RESPONSES TO ms. WEBB'S SUPPLEMENTAL REQUESTS L-00000F-09-0190-00144 June 16, 2009

Data Request B Webb ll Please include a copy of the mailing labels used for any and all project newsletters for Segment IA and IB in the above refemenccd case formatted as such:

1. Project Newsletter "X" dated "X" mailed to this mailing list and attach mailing labels . 2. Project Newsletter "X" dated "X" mailed to this mailing list and attach mailing labels. 3. etc.

If there was no change between label sets, you may state no change.

RESPONSE: UNS Electric has previously indicated by correspondence that it objects to this request. A copy has been attached. Q.

• I ROSHKA DEWULF Sr PAtTEN, PLC ATIQINEYS AT LAW ONE ARIZONA CENTER 400 EAST VAN suntan stun SUITE 800 PHOENIX. ARIZONA ssoo4 'renunouz no soz-25s-sxoo l rAcsnm.: 602-156-6800

June9, 2009

VIA ELECTRONICALLY AND REGULAR u.s. MAIL

Elizabeth Buchroeder-webb 17541 E.H. Hilton Ranch Road Vail, AZ 8564 I

Re: Vail to Valencia H5 kV to 138 kV Transmission Line Upgrade Project ("Project") - Data Requests E Webb ll and E Webb 12 sent June 5, 2009 Docket No. L-00000F-09~0190-00144 (Case No. 144).

Dear Elizabeth:

The purpose of my letter is to respond to your letter sent electronically on June 5, 1 2009 requesting the following:

Data Request E Webb ll

Pleaseinclude a copy of the mailing labels used for any and dl project newsletters for Segment IA and IB in the above referenced case formatted as such:

1. Project Newsletter "X" dated "X" mailed to this mailing list and attach mailing labels. 2. Project Newsletter "X" dated "X" mailed to this mailing list and almach mailing labels.

If there was no changebetweenlabels, you may state no change.

Data Request E Webb 12 i r Please provide an overlay map with the properties these mailing labels were sent tO beneath it. P

u

RosH1

Elizabeth Buchroeder-Webb June 9, 2009 Page 2

UNSE objects to your request to the extent you are requesting the mailing list containing specific names and addresses of persons sent mailings. That information is not public record, isconfidential, and the privacy interests of those persons outweigh the need for disclosure.

UNSE is checking into the possibility of creating a nap Thu will idfenrtify the properties included in the mailings. i nchIM l Jason D. Gellman For the firm

ac: Ed Beck, Director Line Siring Services, UNS Electric

'> 8 Ar v UNS ELECTRIC, INC. RESPONSES TO MS. WEBB'S SUPPLEMENTAL REQUESTS L-00000F-09-0190-00144 June 16, 2009

Data Request B Webb 12 Please provide an overlay map with the properties these mailing labels were sent to beneath it.

RESPONSE' See the attached map that depicts the areas for the mailings of newsletters two through four in Segment 1.

Ll

I

4 BEFORE THE ARIZONA POWER PLANT AND TRANSMISSION LINE SITING COMMITTEE

IN THE MATTER OF THE APPLICATION OF UNS ELECTRIC, INC., IN CONFORMANCE WITH THE Arizona Corporation Commission REQUIREMENTS OF ARIZONA REVISED STATUTES §§40-360 Er seq.,FOR A CERTIFICATE OF ENVIRONMENTAL FOR A ENVIRONMENTAL Docket No. L-00000F-09-0190-00144 COMPATIBILITY FOR THE VAIL TO VALENCIA 115 KV TO 138 KV TRANSMISSION LINE UPGRADE PROJECT, Case #144 ORIGINATING AT THE EXISTING VAIL SUBSTATIONIN SEC. 4, T.16S., R.15E., PIMA COUNTY, TO THE EXISTING R E c E I v E o VALENCIA SUBSTATION IN SEC. s, T.24S., R.1'4E., IN THE CITY OF NOGALES, SANTA CRUZ COUNTY, ARIZONA JUN 2 9 2009 a

Notice of Filing of Potential Exhibits ARIZONA CORP. COMM By 400 W CONGRESS STE 218 TUCSON Az asvos Elizabeth Schroeder-Webb (Elizabeth Webb)

On behalf of herself] Elizabeth Webb provides notice that the following documents may be introduced as an exhibit during the continuation of the evidentiary hearing.

Ew-l8, A-F (9 Pages Total) which includes the following taken from previously disclosed documents available online, from data requests, new agency correspondence and may include other relevant previously disclosed information-Consisting at?

Correspondence between Susan Bernal, BLM Realty Specialist, Tucson Field Office and Intervener Webb. Formatted for conservation purposes and to still be in an easily readable font size. Originally formatted copy will be available for viewing at the hearing. (A, 2 pages) UNS Electric, Inc. Responses toMs. Webb's RequestsEW-14a-g. Dated June 23" 2009. Formatted for printing conservation purposes and to still be in an easily readable font size. Originally formatted copy will be available for viewing at the hearing. (B, 3 pages) UNS Electric, Inc. Response to Ms. Webb's first set of Data Request, Dated May 2.1, 2009. (C, 1 Page) Data Request EWebb1 dated May 15"' 2009. (D, l Page) Data Request EWebb14 dated June l2"' 2009 (E, 1 Page) Excerpt from PP 46 and 47,ot` the BLM National Environmental Policy Act Manual regarding Non Federal and Federal Connected actions and analysis required. Full manual will be available at hearing for viewing. As previously disclosed, the manual may be viewed online at: http://www.blm.gov/pgdata/etc/medialib/blm/wo/Information_Resources_Management/policv/blm_handbook.Par.24487 .File.dat/hl790-l-2008-l.pdf(F, 1 page) |. Additional notice provided to the Docket of potential exhibitspreviously disclosed to the Parties electronically.

Information that may be found on T1EP's website on Transmission Line Projects: Applicable excerpts to be given at hearing if they are to be used

http://www.tep.com/companv/news/TransProiects.asp

and UNS Electric Website on Transmission Line Projects EXHIBIT http://uesaz.com/Companv/News/index.asp ;

http1//uesaz.com/Companv/News/TransProjects.asp

Page 1 of 2 A

Copies of this information have been provided via email to the Applicant's attorneys and Intervener Magruder.

Dated this 29"' day _cglJune 2009 I

ELIZABETH SCHROEDER-WEBB

P Elizab c oh Er-Webb 17451 E. Hilton Ranch Rd. Vail, Arizona 8564 l (520)247-3838 [email protected] W

Pursuant to AAC R14-3-204 I

Original and g t copiesM foregoingg r ; tiled with

Docket Control (26 copies) Arizona Corporation Commission 1200 West Washington Street Phoenix, Arizona 85007-2927

Service List: I Charles Haines Jason D. Gellman Janice Alward, Chief Counsel, Legal Division J. Matthew Derstine 1200 West Washington Street Phoenix, Arizona 85007 Attorney for the Applicant Roshka Dewulf and Patten John Foreman, Chairman of the Arizona Power Plant One Arizona Center &Transmission Line Siting Committee 400 East Van Buren St. Suite 800 Office of the Attorney General Phoenix, AZ 85004-2262 1275 West Washington Street Phoenix, Arizona 85007 F Marshall MagTuder Intervener Marcus Jerden, Corporate Attorney PO Box 1267 Tucson Electric Power Company PO Box 711 Tucson, AZ 85711 Tubac, Arizona 85646- l 267

|

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Page 2 of 2 -Windows Live Hotmail Print Message Page 1 of 2

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Re: Questions from the Vail Area and the Vail to Valencia Electric Project

[email protected] Sent; Fri 6/26/09 5:44 PM To: Val! Arizona (vailaz@hotmaiI.<;om) Cc: [email protected] Attachments: ObtainingaROWPamphlet.ss04-08-O5.lf>df (239.5 KB)

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http://bll15w.b1ul15 .mail.1ive.com/mail/PrintShe1Laspx?type=message&cpids=88956201 -7... 7/5/2009 • EXHIBIT EW-18

UNS ELECTRIC, INC. RESPONSES TO ms. WEBB'S REQUESTS EWEBB 14 L-00000F-09-0190-00144 June 23, 2009

Data Request E Webb 14a If UNS Electric is granted the CEC in LS Case 144, and will conduct the appropriate level of NEPA analysis once one alignnlent has been approved by the Atrizona Power Plant and Transmission Line Siting Committee, how will it present reasonable altenaatives as required in the NEPA process? Please be specific. I* RESPONSE: This depends on what route is granted by the Committee and/or approved by the Co ission. If the North Route in Segment IA is selected, then UNS Electric believes the level of analysis may be that which involves a simple Environmental Assessment. BLIVI would then be only obligated to consider a no-action alternative (i.e. leaving the existing line as is) and the North Route. If the South Route is selected in Segment lA no BLIVI land is affected and BLl\/I would not be involved. : RESPONDENT: 1\/like Warner, Transcon Environmental, Inc.

UNS ELECTRIC, INC. RESPONSES TO ms. WEBB'S REQUESTS -._ EWEBB 14 L-00000F~09-0190-00144 June 23, 2009

Data Request E Webb 14b In the Application (UNS-I) under Agency Stakeholder lVieetings it lists ameeting on July 7 2009 with .engel Model oBI_,I\/I.What is the correct date of the meeting? RESPONSE: July 7, 2008 RESPONDENT: Mike Warner, Transcou Envirorunental, Inc.

UNS ELECTRIC, INC 1 RESPONSES TO ms. WEBB'S REQUESTS ... EWEBB 14 L-00000F-09-0190-00144 June 23, 2009

Data Request E Webb 14c When did TEP/UNS Electric or its assigns meet with the BLM Tucson Regional planning office/personnel ?

RESPONSE: Transcon Environmental, Inc. under the direction of UNS Electric discussed the Project with Tucson Field Office personnel during the Summer, 2008.

RESPONDENT: Mike Warner, Transcon Environmental, Inc.

30/48 EW-18 B (]off) UNS ELECTRIC, INC. RESPONSES TO ms. WEBB'S REQUESTS -- EWEBB 14 L-00000F~09-0190-00144 June 23, 2009

Data Request E Webb 14d What was the date Citizens reassigned their BLM grant to UNS Electric at the Nogales Tap.Please provide documentation. If was not reassigned please state. If Citizens did not have a BLM grant, please state why.

RESPONSE: BLM manages theland surrounding the Nogales Tap- owned by Western Area Power Administration ("WAPA"). Citizens Utilities Company was not granted a ROW by BLM for the original f ! connection, for reasons unknown to UNS Electric. Neither BLM nor ; WAPA have compelled UNS Electric to obtain a ROW got. The Project requestedhere does not involve the Nogales Tap, so no ROW grant for the Nogales Tap is necessary for the Project.

RESPONDENT: Mike Warner,Transcon Environmental,Inc. and Ed Beck, UNS Electric, Inc.

UNS ELECTRIC, INC. RESPONSES TO ms. WEBB'S REQUESTS - EWEBB 14 L-00000F-09-0190-00144 June 23, 2009

Data RequestE Webb 14e Has UNS Electric applied for a modification to an existing agreement (or applicable name) with BLM to remove its equipment from the Nogales substation?

RESPONSE: UNS Electric would object to the question to the extent it is vague an or ambiguous as to what "existing agreement" the request is referring to. Without waiving the objection, if the question is referring to a ROW grant by BLM, thensee the response to Data Request E Webb 14d above. Fu er, UNS Electric does not believe an amendment to a ROW grant would be needed to remove equipment &om the Nogales substation.

RESPONDENT : Legal Counsel for UNS Electric.

"f of 9 Ew-18 B (2 0f3) c

UNS ELECTRIC, INC. RESPONSES TO ms. WEBB'S REQUESTS .- EWEBB 14 L-00000F-09-0190-00144 June 23, 2009

Data Request E Webb 14f LfUNS Electric does not have a current agreement with the BLM at the Nogales substation, please explain, with documentation.

RESPONSE: See Response to Data RequestE Webb 14 d above. Further, should the connection remain to the Nogales Tap, UNS Electric would likely seek to obtain a ROW grant with BLM for the connection to the Nogales Tap, if necessary.

RESPONDENT: Ed Beck, UNS Electric, Inc. and Mike Water, Transcon Environmental, Inc. *

UNS'ELECTRIC, INC. RESPONSES TO MS. WEBB'S REQUESTS - EWEBB 14 L-00000F-09-0190-00144 June 23, 2009

Data Request E Webb 14g As the BLM application for right of way requires the applicant to r describe the probable effects on the population in the area, including die social; economic and rural lifestyles and die A,R.S. 40-360.06. offers factors to be considered in issuing a certificate of environmental compatibility A-9. Any additional factors which require consideration under applicable federal and state laws pertaining to any such site. How were cumulative impacts and future and foreseeable projects considered in public outreach for this prob act?

RESPONSE: UNS Electnlc would object to the question as it is vague and ambiguous, as to what is meant by "cumulative impacts and future and foreseeable projects considered in public outreach for this J Project" in relationship to the BLM ROW application. Without waiving the objection, die public outreach and notification process for the Project is described in Exhibit UNS-l (the Application) at Ex. J, r

as well as in Mr. George Miller's testimony provided to the r Committee June 4, 2009. As 'indicated on the record, comments and J concerns from die public were incorporated into the analysis of 1 alignments. UNS Electric believes both proposed routes in Segment f lA to be environmentally compatible under A.R.S. § 40-360.06.A., r but the decision rests with the Committee and the Commission. l

RESPONDENT : Legal Counsel for UNS Electric.

S 49 Ew_18 B (3 0f3) s.-~~

EXHIBIT EW-18

/ v / y

RESPONSES TO ms. WEBB'S FIRST SET OF DATA REQUESTS

Data Request E WebbL Has the applicant 0NS Electric 0r TEP (for theareawithin TEns tenitory),an<1l0r its assigns had any contact with the BLM regarding do NEPA pnoass in regard to the proposed Vail to Valencia project at any stage of development of the project?

Data ReqwstEWebb la. Whatwasthespeciticoutcomewithsulnportingdoamaentation

lethe BLM was contacted about the proposed project NEPA compliance was not initiated for the project because alternative alignments exist which avoid BLM land ala it was not clear that BLM landwould be CIuss4llbylll¢8w¥0v¢dcEcl0l)l8. UNSEloooiclaasoonao\ittsdto oondw the appropriate level of NEPA analysis once an alignment has been approved by the Arizona Power Plant and Transmission Line Siring Conrminee. Initial conversations with the BLMhaveindiooted that the approval of the alternative alignment north of the Nogales Tap would Bo relatively simple process and may involve allategoriW Exclusion or a simple Envirnnmmtal Assessment that would involve the area ilireody impaetd by the Project lite remainder ofthe proposed project alignments would not be subject to BLM reviewand apprnvd

Mike Wada and Ba Beck

1 8

Total EW-18 C (1 off) 609 r

J

EXHIBIT Ew-18

I May 15"' 2009

4 ; To:

Jason D. Gellman Roshka DeWuif & Patten. PLC One Arizona Center . 400 East Van Buren; Suite 800 1 Phoenix, AZ 85004 Phone: 602-256~6l 00 Fax: 602-256-6800 , email:[email protected]

From Elizabeth Buchroeder-Webb 17451 E.H Hilton Ranch Rd. Vail, AZ 8564 I Phone 247-3838 I Email [email protected]

Date Requests from Intervener Webb re Line Site Case 144 Vail to Valencia

DataRequestEWebbl. Has the applicant UNS Electric or TEP (for the area within TEP's territory) and/or its assigns had any contact with the BLM regarding the NEPA process in regard to the proposed Vail to Valencia project at any stage of development of the project? ,

DataRequestEWebb la. What was the specific outcome with supporting documentation.

I

I

EW-I8 D (1 off)

7aF4

J J

I

EXHIBIT EW-18

Elizabeth Webb Civilian intervener 17451 E. Hilton Ranch Rd. t Vail, AZ 8564 l (520) 247-3838

12 June 2009

Sent via email and USPS

Jason D. Gellman Roshka DeWulf & Patten, PLC One Arizona Center 400 East Van Buren, Suite 800 I Phoenix, AZ 85004 .\ Phone: 602-256-6100 Fax: 602-256-6800 email:[email protected]

CC Marc Jerden Unisource Energy Corporation One South Church Suite 200 Tucson, AZ 8570 i Email: [email protected] I

Re: Vail to Valencia Case # 144 Docket # Docket No. L-00000F-09-0190-00144 New and Request for Complete Data Requests:

Request for Complete Information on previous Data Request E Webb l sent May 15'1', answered May al".

I asked, has the applicant UNS Electric or TEP (for the area within TEP's territory, and or its assigns had any contact with the BLM regarding the NEPA process in regard to the proposed Vail to Valencia project at any stage of development of the project? - -

Data Request E Webb la: What was the specific outcome with supporting documentation?

Response:

NEPA compliance was not in itiatedfor the proposed project because alternate alignments exist which avoid BLM land and it was not clear that BLM would be crossed by the approved CEC route. UNS Electric has committed to conduct the appropriate level ofNEPA analysis once an alignment has been approved by Arizona Power Plan and Transmission Line Siting Committee. Initial conversations with BLM have indicated that the approval of the alternative alignment north of Nogales Tap would be a relatively simple process and may involve a Categorical Exclusion or a simple Environmental Assessment that would involve the area directly impacted by the project. The remainder of the project of the proposed project alignments wouldnot be subject to BLM review and approval. " (Information provided by Mike Wamer and Ed Beck)."

This answer was not complete. I asked for supporting documentation, which was to support statement of fact. Again, I will ask for supporting documentation for my initial data request, dated 15 May 2009.

Here are my supplemental questions to my original data request.... EW-18 E (1 off) /

EXHIBIT EW-18

I January 2008

Bar/wo

Bureau of Land Management (BLM) National Environmental Policy Act Program Office of the Assistant Director, Renewable Resources and Planning (WO- 200) 1849 C Street NW, Mail Stop l050LS Washington, DC 20240

email: [email protected] I

Available as BLM's Printed Materials and Distribution Section (PMD) Fax Number 303-236-0845\0r l§[email protected] Cover Photograph Grand Staircase Escalante National Monument by Peg Sorensen

Excerpt from handbook available online from

BLM Manual website http://wwwv.blm.gov/wo/st/cn/info/rcguIations/Instruction Memos_and Bulletins/blm_handbooks.html -link provided by Ms. Model, Phoenix Office. hI1D://wwvw.blm.eov/padata/etc/medialib/blm/wo/Intbnnation Resources Management/policv/blm handbook.Par.24487.Filc.dat/hl790-l-2008-l.Ddf

I

(page 46 ) 46 H-l790-1 - NATIONAL ENVIRONMENTAL POLICY ACT HANDBOOK _ (Public)

(paragraph 3) As with a Federal connected action, you must, at a minimum, demonstrate that you have considered the non-Federal connected action in the NEPA document for the proposed action (40 CFR 150825) (i.e., describe the connected action and its relationship to the proposed action, including the e. o which the connected action and its effects can be prevented or modified by BLM decision-making on the proposed action).

If the connected non-Federal action and its effects can be prevented by BLM decision-making, then the effects of the non-Federal action are properly considered indirect effects of the BLM action and must be analyzed as effects of the BLM action (40 CFR 1508.7. 40 CFR l 508.25(c)).

For example, You receive a right-of-way request from a private company ro build a road across BLM-managed land to provide access to athacent private land. on which the company plans to create and operate a quarry. The creation and operation of the quarry cannot proceed unless the road is constructed, The road cannot be constructed without the grant by BLM of right-of-way. The grant of the right-of-way must be analyzed as a ELM action: the BLM con grant or deny the right-of-way request. The construction of the road and the creation and operation of the quarry are connectedactions.

I Alternatives: You must analyze the proposed action of granting the right-of-way, and consider the alternative of denying the right-of-way (the No Action alternative) and any other reasonable alternatives related to the right-of-way request. Because the construction of the road, and the creation and operation of the quarry would not be BLM actions, you do not need to consider alternatives to the road construction and creation and operation of the quarry. BLM MANUAL Rel. 1-1710 Supersedes Rel. 1-1547 01/30/2008 47

Page 47

Direct and Indirect E/tects: You must analyze the direct and indirect ejects of granting the right-of-way. You must also analyze the direct and indirect ejects of constructing the road and creating and operating the quarry, because these effects could beprevented by a BLM decision to deny the right-ofway request, and therefore are properly considered indirect epizcts of the BLM right-of-way grant.

Cumulative Effects: You must analyze the cumulative impact of the right-of-way grant, the road construction, and quarry creation and operation, making into account the ejects in common with any other past, present, and reasonablyforeseeablefuture actions.

(end of topic on connected actions)

I 949 Ew-18 F41 off) EXHIBIT

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EW-19,C-l,2,3Rio Rico Ranchette Plat EW19-D Standards for Critical Maps Facilities/Critical Services Please see the hard copy in your revised exhibit binder Exhibit Found in Your updated Binder under EW-19 C-l,2,3 and large version on the display Critical Facilities and Critical Services are defined board to include: _ Public and private utility services such as power This exhibit shows existing _ Critical Facilities and Services should not be located • 37.5' UNS Electric Distribution ROW East of RR in regulatory floodplain • l00' UNS Transmission ROW, _ Critical need ro locate in floodplain RR l00' ROW East of the tracks _ No suitable alterative determined by an Arizona • 30` deeded drainage easements that are perpendicular Registered Civil Engineer. to the tracks _ Must beprotected from 500 year flood event

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Preferred Alignment

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.» I ,I Le r 4 EP.. 0 . | J 4d 41 ! I |»-. _ 1 as 4 » sJ FLOOD CONTROL DISTRICT KEN R. ZEHENTNER AND Ev<\i18lT €\*»< General Manager FLOODPLAIN ADMINISTRATION F 0\@¢.¢1 m (QQ SANTA CRUZ COUNTY

Standards for Critical Facilities/Critical Services

These standards shall be considered the minimum to which "Critical Facilities" and/or "Critical Services" (as defined below) shall conform.

" Critical Facilities" and "Critical Services" are defined to include: Structures or facilities that produce, use or store highly volatile, flammable, explosive, toxic, and/or water-reactive materials. Hospitals, emergency medical facilities, nursing homes and housing facilities likely to have occupants who may not be sufficiently mobile to avoid injury or death during a flood. Police stations, fire stations, vehicle and equipment storage facilities, emergency shelters, and emergency operation centers that are needed for flood response activities before, during and after a flood. • Public and private utility facilities, such as power. water (including water provided by an irrigation organization or facility), sewer, wastewater treatment, and communications that are vital to maintaining or restoring normal services to flooded areas before, during and after a flood.

Critical Facilities and Services are strictly prohibited from being constructed, or for existing facilities improved or repaired by an amount equal or greater than 50% of the pre-improvement/repair market value. within the regulatory floodway, as defined by the Santa Cruz County Floodplain and Erosion Hazard Management Ordinance, No. 2001-03, of any stream, river, wash, arroyo, or waterway. All such uses are strictly prohibited by Section 5.8 of the Ordinance, as the floodway is an extremely hazardous area.

Critical Facilities and Services should not be located in regulatory floodplairi, If a Critical Facility/Service must be located in a floodplain, it must be demonstrated that there is either a critical need to locate the Critical Facility/Service within the floodplain, or that there is no suitable alternative site, as determined by a rigorous alterative site evaluation report, performed by an Arizona Registered Professional Civil Engineer. Any such facilitatOr service located within a regulatory loodplain must be protected from the 500-year event flood. Such protect on`§§to incHi3é,but not limited to a finished floor elevation a minimum of one foot above the 500-year water surface elevation, elevated access ramps, utilities and mechanical services, and adequately protected from both lateral and vertical erosion associated with the 500-year tiood event.

Improvements and/or repairs to exiting Critical Facilities and Services, by an amount equal or greater than 50% of the pre-improvement/repair market value, must be protected from the 500-year event. Such protection is to include. but not limited to, a finished floor elevation a minimum of one foot above the 500-year water surface elevation, elevated access ramps, utilities and mechanical services, and adequately protected from both lateral and vertical erosion associated with the 500-year flood event.

This Standard conforms with Executive Order No. 11988 of May 24, 1977, appearing at 42 FR 2697 1, 3 CFR, 1977 Comp., p. 117.

PO. Box 1150 Nogales, Arizona 85628 (520) 375-7830 Fax (520) 761-7930 TDD (520) 761-7816 E 3 ET *Z 8 lei Q?

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Q FLOGD CONTROL DISTRICT Scott I, Aitherr, P,E., CFM AND General Manager FLOODPLAIN ADMINISTRMIGN SANTA CRUZ COUNTY EXH1BIT July 8, 2009

Unisource Electric CIO Mr. Kevin Heller, P.E. EXHIBIT TEP CO. 8 I Mail Stop OH220 3 / l :

i P.O. Box '711 4 I Tucson, AZ 85702 g 1 ¢ 3 E i ! RE: Comments on Unisource Electric Line Proposal.

Dear Mr, Heller,

I am in receipt the map left with me regarding the proposed routes for a new electric line main to replace the existing line from Tucson to,NQgal¢s... The particular area of review for this IJJ correspondence is from Avenida Qstipn 99.41° Sonoita Substation as that is the area covered by o 8~ z Q the map provided. However, the contiNents, in general, Should work .for the entire set of Lu o proposed alignments with -Santa.Qxuz County. . . n: .*: LIJ vs u. . 8 In reviewing the proposed alignments, the district has the following cominentsz >< Lu G.) • Section 3.7 of the Santa Cruz County Floodplain and EroSion Hazard Management n: 4-1 Ordinance #2001 -03,ahd..A.R.S. §48-3601 exempts the line and poles from requiring a nr o ® D on Floodplain Use Permitforcommction, however, construction of a following road, O cu especially if culverts Cromermprovements are to be constructed, will require a Q* >- Q* Floodplain Use Permit, . n: O • As the line is the ohiy transmission line for the area, it is recommended the line be O PP considered a Critical Facility/Critical Service under the District's Critical Facility/Criticai u. Sen/ice Standards and.be Protected from the 500-yearhood event if placed within the 500-year floodplain of any watershed. 1 , • In at least two locations, the channel of the Santa Cruz River is already meandering into the railroad right-of-way. As there is a history of the SantaCruz River meandering during flood events and taking out portions of the railroad tracks, any aiignrnent that is adjacent to the tracks is subject to the possibility of lateral channel migration damaging the power line and poles. In the two noted locations (see returned map) the proposed alignments would be within 100 to 200 feet of the channel bank of the Santa Cruz River, which has the potential of moving up to 500 feet in a single event. s Verbaily, the District was made aware of a proposal to place the line to the west of the railroad tracks. As this would place the line, in certain locations, within the actual channel of the Santa Cruz River, the District would protest such a decision. Ftirtherxnore, such an alignment would place the power line and its poles into the floodway ofthe Santa Cruz River. Section 5.8 of the Ordinance prohibits construction and placement of till within the floodway. Placement to the west of the railroad tracks would also damage what riparian habitat remains or is reestablishing itself along the west side of the tracks, between the river and the tracks. Historically, it has been noted that the well established areas of riparian habitat along the Santa Cruz Rivet' have made the channel more stable and less prone to

P.O. Box 1150 Nogales,Arizona 85628 (520)375-7830 Fax (520)375.7846 TDD (520)761-7816