Ls Case No. 173 Vol V 12/5/2016 658
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LS CASE NO. 173 VOL V 12/5/2016 658 1 BEFORE THE POWER PLANT AND 2 TRANSMISSION LINE SITING COMMITTEE 3 IN THE MATTER OF THE APPLICATION OF ) DOCKET NO. SOUTHLINE TRANSMISSION, L.L.C., IN ) L-00000AAA- 4 CONFORMANCE WITH THE REQUIREMENTS OF ) 16-0370-00173 ARIZONA REVISED STATUTES 40-360, ET ) 5 SEQ., FOR A CERTIFICATE OF ) ENVIRONMENTAL COMPATIBILITY ) 6 AUTHORIZING CONSTRUCTION OF THE NON- ) WAPA-OWNED ARIZONA PORTIONS OF THE ) 7 SOUTHLINE TRANSMISSION PROJECT, ) CASE NO. 173 INCLUDING A NEW APPROXIMATELY 66-MILE) 8 345-KV TRANSMISSION LINE IN COCHISE ) COUNTY FROM THE ARIZONA-NEW MEXICO ) 9 BORDER TO THE PROPOSED SOUTHLINE ) APACHE SUBSTATION, THE ASSOCIATED ) 10 FACILITIES TO CONNECT THE SOUTHLINE ) VOLUME V APACHE SUBSTATION TO THE ADJACENT ) (Pages 658 - 907) 11 AEPCO APACHE SUBSTATION, AND ) APPROXIMATELY 5 MILES OF NEW 138-KV ) 12 AND 230-KV TRANSMISSION LINES AND ) ASSOCIATED FACILITIES TO CONNECT THE ) 13 EXISTING PANTANO, VAIL, DEMOSS ) PETRIE, AND TORTOLITA SUBSTATIONS TO ) 14 THE UPGRADED WAPA-OWNED 230-KV ) APACHE-TUCSON AND TUCSON-SAGUARO ) 15 TRANSMISSION LINES IN PIMA AND PINAL ) COUNTIES. ) 16 _____________________________________) 17 At: Willcox, Arizona 18 Date: December 5, 2016 19 Filed: December 12, 2016 20 REPORTER'S TRANSCRIPT OF PROCEEDINGS 21 COASH & COASH, INC. 22 Court Reporting, Video & Videoconferencing 1802 N. 7th Street, Phoenix, AZ 85006 23 602-258-1440 [email protected] 24 By: Colette E. Ross, CR Certified Reporter 25 Certificate No. 50658 COASH & COASH, INC. 602-258-1440 www.coashandcoash.com Phoenix, AZ LS CASE NO. 173 VOL V 12/5/2016 659 1 PUBLIC COMMENT PAGE 905 2 INDEX TO EXAMINATIONS 3 WITNESSES PAGE 4 CARA BELLAVIA, DOUG PATTERSON, BILL KIPP, 5 and MATT VIRANT 6 Direct Examination by Ms. Hopkins 669 Cross-Examination by Mr. Jackson 797 7 Redirect Examination by Ms. Hopkins 832 8 CLOSING ARGUMENT by Mr. Jackson 886 9 10 11 INDEX TO EXHIBITS 12 NO. DESCRIPTION IDENTIFIED ADMITTED 13 STL-15 10-Year Plan, 1/30/15 306 878 14 STL-16 10-Year Plan, 1/29/16 306 878 15 STL-24 WAPA Customer Answers 819 879 16 STL-26 Architectural Schematic of 142 879 Crane Lake 17 STL-32 CEC Substation Land 678 678 18 Ownership Maps 19 STL-33 Environmental Justice Census 696 696 Tracts 20 STL-34 Southline Transmission Project 705 880 21 Fact Sheet 22 STL-35 Opportunity and Constraints 720 721 Map, Two PowerPoints 23 STL-36 Final Environmental Impact 791 880 24 Statement Excerpt, Upgrade of the Existing Western Line 25 COASH & COASH, INC. 602-258-1440 www.coashandcoash.com Phoenix, AZ LS CASE NO. 173 VOL V 12/5/2016 660 1 INDEX TO EXHIBITS 2 NO. DESCRIPTION IDENTIFIED ADMITTED 3 STL-37 Southline Transmission Project 701 701 Outreach and Notice Efforts 4 STL-38 Excerpts of EIS, Alternatives 746 747 5 Table 6 STL-39 Table 2-16 from EIS 746 747 7 STL-40 Summary of ROD Conditions 757 831 8 STL-41 Exhibit A to Form of 832 881 Certificate of Environmental 9 Compatibility 10 STL-42 Form of Certificate of 832 not Environmental Compatibility admitted 11 831 12 STL-43 Map Book 881 881 13 MVR-1 Maps 882 886 14 MVR-2 Proposed Conditions 882 not admitted 15 882 16 17 18 19 20 21 22 23 24 25 COASH & COASH, INC. 602-258-1440 www.coashandcoash.com Phoenix, AZ LS CASE NO. 173 VOL V 12/5/2016 661 1 BE IT REMEMBERED that the above-entitled and 2 numbered matter came on regularly to be heard before the 3 Power Plant and Transmission Line Siting Committee, at 4 the Willcox Community Center, 312 West Stewart Street, 5 Willcox, Arizona, commencing at 9:12 a.m. on the 5th of 6 December, 2016. 7 8 BEFORE: THOMAS K. CHENAL, Chairman 9 LAURIE WOODALL, Arizona Corporation Commission IAN BINGHAM, Department of Environmental 10 Quality LISA WILLIAMS, Arizona Department of Water 11 Resources JEFF McGUIRE, Agriculture, Appointed Member 12 JIM PALMER, Counties, Appointed Member MARY HAMWAY, Cities/Towns, Appointed Member 13 JACK HAENICHEN, Public Member PATRICIA NOLAND, Public Member 14 Note: No roll call taken. The following is a list 15 of the parties that made an initial appearance. 16 17 APPEARANCES: 18 For the Applicant: 19 SUTHERLAND ASBILL & BRENNAN, L.L.P. By Mr. James Guy 20 Ms. Marty Hopkins One American Center 21 600 Congress Avenue, Suite 2000 Austin, Texas 78701 22 and 23 OSBORN MALEDON, P.A. 24 By Ms. Meghan Grabel 2929 North Central Avenue, 21st Floor 25 Phoenix, Arizona 85012 COASH & COASH, INC. 602-258-1440 www.coashandcoash.com Phoenix, AZ LS CASE NO. 173 VOL V 12/5/2016 662 1 APPEARANCES: 2 For Intervenor Pinal County: 3 Pinal County Attorney's Office By Mr. Cedric I. Hay, Deputy County Attorney 4 30 North Florence Street Florence, Arizona 85132 5 6 For Mountain View Ranch Development Joint Venture: 7 Jackson & Oden, P.C. By Mr. Todd Jackson 8 3573 East Sunrise Drive, Suite 125 Tucson, Arizona 85718 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COASH & COASH, INC. 602-258-1440 www.coashandcoash.com Phoenix, AZ LS CASE NO. 173 VOL V 12/5/2016 663 1 CHMN. CHENAL: All right. Good morning, 2 everybody. Thanks for coming to Willcox for resumption 3 of the Southline hearing. We were in Tucson last week, 4 and we will be in Willcox. We anticipate concluding 5 this hearing on Wednesday. 6 We will have some witnesses this morning, lunch, 7 and in the afternoon, we had discussed taking up 8 preliminary -- beginning discussions on the CEC and the 9 conditions. 10 I had asked Mr. Guy to prepare a set of 11 conditions with additional language that I had 12 requested, which I understand has been done. 13 Mr. Jackson has also submitted some conditions and some 14 recommended changes to existing conditions, and ones 15 that I had submitted. So I would ask if you could pass 16 copies of those out to the Committee at some break 17 during the morning, and then we will begin that 18 discussion this afternoon. 19 I don't -- we won't finish that. If we could 20 finish, I don't want to, even if we are close, because 21 tomorrow we have the tour. We will come back after the 22 tour and see if there is any follow-up questions based 23 on what we saw. We will probably have some downtime 24 tomorrow afternoon and finish Wednesday, because Member 25 McGuire will be back and we can deliberate and finalize COASH & COASH, INC. 602-258-1440 www.coashandcoash.com Phoenix, AZ LS CASE NO. 173 VOL V 12/5/2016 664 1 the process on Wednesday. And we will make sure we 2 finish it Wednesday, and we will use as much of today 3 and tomorrow to make sure we finish on Wednesday, but I 4 anticipate we will make a lot of headway between today 5 and tomorrow as necessary to kind of get through the 6 process of the language for the conditions. 7 And just to remind the parties and the 8 intervenors, the parties, the way we do it is we kind of 9 go through the language paragraph by paragraph, and we 10 vote on that. And probably that will have to be a 11 little different with Member McGuire gone, but maybe we 12 can come up with language we are comfortable with and 13 then go through the final process on Wednesday with 14 Member McGuire to kind of approve the language, but we 15 go through paragraph by paragraph, and we vote up or 16 down on the CEC. So I am very confident we will be 17 completed with the process Wednesday with no problem. 18 But I think, I think this morning we will have a 19 panel of four witnesses. 20 Do Mr. Guy and Mr. Jackson, do you have anything 21 to add? 22 I will ask if the Committee has any questions 23 before I turn it over to you. 24 Any Committee member have any questions? 25 This microphone is much better than in Tucson. COASH & COASH, INC. 602-258-1440 www.coashandcoash.com Phoenix, AZ LS CASE NO. 173 VOL V 12/5/2016 665 1 I am probably -- we are all used to getting right up 2 there. 3 MEMBER WOODALL: Chairman, Chairman. 4 CHMN. CHENAL: Yes, Member Woodall. 5 MEMBER WOODALL: I realize you were looking in 6 the other direction, which is why I took the liberty of 7 speaking your name. 8 Are we anticipating the close of evidence would 9 be at the conclusion of the tour and then any 10 additional, is that when -- 11 CHMN. CHENAL: Yes. I know it is a little out 12 of order because we will be discussing the conditions 13 before the tour. But I just, I think that's the right 14 way to proceed at this point. 15 MEMBER WOODALL: Okay. I just wanted that on 16 record. Thank you. 17 CHMN. CHENAL: Member Noland. 18 MEMBER NOLAND: I just have a real easy 19 question. Could we shut the door? My feet are 20 freezing. At least, I mean you could leave it cracked, 21 but it is kind of cold out there. Thank you. 22 CHMN. CHENAL: All right. Any further questions 23 or matters to be raised by the Committee? 24 Mr. Jackson, let's start with you. 25 MR.