APSC FILED Time: 8/4/2016 10:36:50 AM: Recvd 8/4/2016 10:35:56 AM: Docket 16-038-U-Doc. 9

BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION

IN THE MATTER OF THE APPLICATION OF ) DIAMOND PIPELINE LLC D/B/A DP PIPELINE LINE, ) FOR AUTHORITY AND APPROVAL TO ) DOCKET NO. 16-038-U CONSTRUCT AND OPERATE A NAVIGABLE ) WATER CROSSING OF (1) THE ARKANSAS ) RIVER, FRANKLIN COUNTY, ARKANSAS; (2) THE ) ILLINOIS BAYOU, POPE COUNTY, ARKANSAS; ) (3) THE WHITE RIVER, PRAIRIE COUNTY, ) ARKANSAS; (4) THE ST. FRANCIS RIVER, ST. ) FRANCIS COUNTY, ARKANSAS; (5) THE ) MISSISSIPPI RIVER, CRITTENDEN COUNTY, ) ARKANSAS )

EXHIBIT A TO THE DIRECT TESTIMONY

OF

ROBERT E. HENRY CHIEF, PIPELINE SAFETY OFFICE

ON BEHALF OF THE GENERAL STAFF OF THE ARKANSAS PUBLIC SERVICE COMMISSION

August 4, 2016

APSC FILED Time: 8/4/2016 10:36:50 AM: Recvd 8/4/2016 10:35:56 AM: Docket 16-038-U-Doc. 9

RIVER CROSSING DOCKETS BY WATERBODY January 9, 2015

Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? 13-073- Arkansas Post Entergy N1 Arkansas Post Canal at Latitude U Canal Arkansas, Inc. 34º 01’ 34.3498”, Longitude 91º 17” 40.8184”, Section 5, T-8-S, R- 3-W. Approx. 6.33 miles northeast of the Pendleton Bridge. 08-087- Arkansas Oklahoma Gas Arkansas River at navigation mile U River & Electric Co. 238.85 approx. 3 miles south and 1 mile east of Hartman, AR. Northwest corner of Section 7, T8N, R24W 11-149- Arkansas Entergy N3 Arkansas River, approx. 1,500 U2 River Arkansas, Inc. feet north of the Dardanelle Dam at River Mile 205.8 (1974), in Yell and Pope Cos., AR 35˚ 15’ 07.2301” N 93˚ 10’ 27.0588” W R- 20/21-W, T-7-N 13-073- Arkansas Entergy N5 Arkansas River at Latitude 33º 58’ U4 River Arkansas, Inc. 52.2489”, Longitude 91º 18’ 25.7437”, Section 5, T-8-S, R-3- W. Approx 5.73 miles east of the Pendleton Bridge on U.S. Hwy 165/Arkansas Hwy 1. 14-072- Arkansas Centerpoint Y Arkansas River attached to the U6 River Energy Broadway Bridge between Little Rock and North Little Rock, Pulaski Co., AR. 82-256- Arkansas ETSI Pipeline Y7 Arkansas River at NM 178.1 U River Project

RC-10 Arkansas Oklahoma Gas Y Arkansas River at Ozark-Webb River & Electric City crossing.

1 Testimony indicated that Corps Section 10 permits would be obtained prior to construction. EIS Section 4, p. 28, Ellis Direct p. 32. 2 Permit originally issued in 1969 in Docket RC-58. 3 Permit applied for. 4 Application for a CECPN with 2 navigable waterway crossings. 5 Testimony indicated that Corps Section 10 permits would be obtained prior to construction. EIS Section 4, p. 28, Ellis Direct p. 32. 6 The company originally obtained authority from PSC in RC-25. 7 Permit issued prior to construction. No. W-ND-050-03-1745 (as seen in Exhibit A). Page 2 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? RC-11 Arkansas Natural Gas Y Arkansas River at a point near River Pipeline of Little Rock, Pulaski Co. America RC-13 Arkansas AECC Y River Mile 308.55, approx. 1.7 River river miles downstream from State Hwy 23 bridge River Mile 311.75, approx. 1.5 river miles upstream from State Hwy. 23 bridge RC-15 Arkansas Texas Eastern Y Arkansas River at Little Rock River Transmission Corp. RC-16 Arkansas Texas Eastern Y Arkansas River on the boundary River Transmission between Lincoln Co. & Arkansas Corp. Co. being at or near Mile Post No. 90. RC-16 Arkansas Texas Eastern Y Arkansas River in Pulaski Co. at River Transmission or near Mile Post 350.4. Corp. RC-16 Arkansas Texas Eastern Y Arkansas River in Pulaski Co. River Transmission Crosby Street, City of Little Rock. Corp. RC-18 Arkansas AP&L Y Arkansas River at Little Rock. River RC-19 Arkansas Ark. Louisiana Y River Gas Co. RC-20 Arkansas Ark. Louisiana Y Arkansas River located at river River Gas Co. mile 335, which is located 2 miles downstream from the lower end of Trustee Bend Cut-off, and approx. 4 miles southeast of the town of Kibler, AR. RC-20 Arkansas Ark. Louisiana N Arkansas River near Kibler, AR River Gas Co. Ozark Lock & Dam8 RC-25 Arkansas Arkansas- Y 1-9N-27W, Franklin Co. River River Louisiana Gas Mile 309.6 RC-25 Arkansas Arkansas- Y 21-9N-23W, Logan and Johnson

8 A letter from the Corps was filed in this matter stating that the proposed crossing is within the reservoir area and recommended certain construction techniques be taken into consideration when building the crossing. The Commission did not address this area in its Order. Page 3 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? River Louisiana Gas Cos. River mile 281.5. RC-25 Arkansas Arkansas- Y 29-7N-20W, Yell and Pope Cos., River Louisiana Gas River mile 256.14. RC-25 Arkansas Arkansas- Y 23-12N-13W, Pulaski Co., River River Louisiana Gas mile 172.3. RC-25 Arkansas Arkansas- Y 37-1N-11W, Pulaski Co. River River Louisiana Gas mile 162.0. RC-25 Arkansas Arkansas- Y 32-3S-10W, Jefferson Co., River River Louisiana Gas mile 128.5. RC-25 Arkansas Arkansas- Y 23-1N-12W, Pulaski Co., River River Louisiana Gas mile 165.8. RC-26 Arkansas Oklahoma Gas Y Arkansas River at mile 311.1, 0.8 River & Electric mi. upstream from Ark. St. Hwy 23 Bridge at Ozark. RC-27 Arkansas Ft. Smith Gas Y Fort Smith, AR to Moffett, OK River Corp. Bridge (U.S. Hwy 64). RC-27 Arkansas Ft. Smith Gas Y Fort Smith to Van Buren Bridge River Corp. (U.S. Hwy 64-71). RC-27 Arkansas Ft. Smith Gas Y Lavaca, AR. River Corp. (1965) RC-31 Arkansas Mississippi Y Arkansas River about 1/3 mile River River upstream from the St. Louis- Transmission Southwestern Railway Bridge Corp. northeast of Pine Bluff in Jefferson County. RC-31 Arkansas Mississippi Y Arkansas River about 500 feet River River upstream from the St. Louis- Transmission Southwestern Railway Bridge Corp. northeast of Pine Bluff at approx. river mile 107 above the mouth and [1½] miles southwest of Rob Roy in Jefferson County. RC-31 Arkansas Mississippi Y Arkansas River in the vicinity of River River the mouth of Plum Bayou and Transmission 101.0 miles above the mouth of Corp. the Arkansas River in Sections 1, 2 and 7, Township 6 South, Range 8 West, Jefferson County. RC-34 Arkansas Arkansas Y* Arkansas River 850 feet River Power & Light downstream from Jefferson County Free Bridge near Pine Bluff, AR located at about river mile 115.4.

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? RC-34 Arkansas Arkansas Y* Arkansas River at Jefferson River Power & Light County Free Bridge near Pine Bluff, AR. RC-34 Arkansas Arkansas Y* Arkansas River 400 feet River Power & Light downstream from Pine Bluff Free Bridge, 5 miles upstream from Pine Bluff, AR. RC-34 Arkansas Arkansas Y* 400 fee upstream from the River Power & Light Broadway Bridge at Little Rock, AR. RC-34 Arkansas Arkansas Y* Arkansas River 5,300 feet River Power & Light upstream from Arkansas State Highway No. 7 Bridge, Dardanelle, AR. RC-35 Arkansas Arkansas N Arkansas River at mile 225.6 in River Louisiana Gas Conway County, Near Morrilton, AR. (Corps permission not required.) RC-44 Arkansas Arkansas Y Arkansas River at river mile 341.1 River Oklahoma Gas in Crawford and Sebastian Corp. Counties, AR. RC-45 Arkansas Arkansas Y* Arkansas River at approx. 1940 River Louisiana Gas River Mile 312.5 in Sections 4 and Co. 9, Township 9 North, Range 27 West, Franklin Co., AR. RC-46 Arkansas Arkansas Y* Arkansas River located at about River Power & Light Mile 164 at Little Rock, AR approx. 5,700 feet downstream from the Interstate 30 bridge. RC-50 Arkansas Natural Gas Y* Arkansas River in Pulaski Co., AR River Pipeline Co. at approx. river mile 160.9. RC-51 Arkansas OMR Pipe Y* Arkansas River in Pope and Yell River Line Co. Counties approx. 1 mile downstream from the new Dardanelle Bridge at the south end of the City of Dardanelle, AR. RC-56 Arkansas Gulf Central Y9 Arkansas River at mile 138.5 River Pipeline Co. about 10.5 miles upstream from Lock and Dam No. 5, Jefferson Co., AR.

9 Permit was from US Coast Guard. According to testimony, bridge crossing authority was transferred from the Corps to the US Coast Guard. Page 5 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? RC-57 Arkansas OMR Pipeline Y* Arkansas River navigation mile River Co. 197.9 (formerly river mile 254.5). RC-58 Arkansas Arkansas Y Arkansas River (Dardanelle River Power & Light Reservoir) at or near Navigation Mile 201.5 (formerly Arkansas River Mile 258.0, Pope and Yell Cos., AR. RC-62 Arkansas Arkansas Y Arkansas River (Dardanelle River Power & Light Reservoir) at navigation mile 210.6, Pope, Johnson, and Logan Cos., AR RC-65 Arkansas Mississippi Y* Arkansas River at a point near (1972) River River Pine Bluff, Jefferson Co. AR at Transmission approx. river mile 62.2. Corp. RC-66 Arkansas Arkansas Y Arkansas River at Navigation Mile River Power & Light 139.0 in Pulaski and Faulkner Cos. RC-7 Arkansas Oklahoma Gas Y Van Buren RC at Arkansas River River & Electric RC-8 Arkansas Oklahoma Gas Y Arkansas River at Fort Smith-Van River & Electric Buren crossing. RC-8410 Arkansas Texas Eastern Y* Arkansas River, near navigation River Transmission mile 115.2 east of Little Rock, AR. Corp RC-89 Arkansas Arkansas n/a11 Arkansas River, mile 92.64, River Power & Light Jefferson Co., AR near Redfield. RC-9 Arkansas Oklahoma Gas Y River & Electric RC-21 Arkansas AP&L Y Arkansas River at River Mile River12 224.5, 3.5 miles upstream from

10 This Docket included a letter dated June 17, 1977 from Michael O’Malley, Assistant Counsel, APSC, informing the Petitioner that its Petition was incomplete. Counsel indicated that Ark. Stat. Ann. §73-2203 lists 8 requirements of which the Petitioner had only met 6. PSC Counsel indicated that one of the elements was that was missing was prior approval from the Corps. The 8th element, according to counsel was that the prayer for relief must contain language asking that the legality of such existing or proposed Navigable Water Crossing be recognized. The Petitioner was required to amend its Petition to include this language. Staff also asked for letters from the following agencies: Ark. Game & Fish Commission, Department of Pollution Control & Ecology, Arkansas Archeological Survey and the U.S. Coast Guard. 11 The Order in this matter indicates that a crossing permit was granted for this crossing in Docket No. U- 2939 and did not address whether the elements had been met. 12 This matter was decided in 1964. Testimony in the case indicated that at the time the Corps was in “the process of making the Arkansas River navigable from its mouth to the Mississippi as far upstream as Tulsa, and it is now believed that the stream will be navigable to Tulsa by the year 1970.” Page 6 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? the Arkansas State Hwy No. 9 bridge near Morrilton. RC-21 Arkansas AP&L Y Arkansas River at River Mile River13 150.0, approx. 15 miles downstream from the freeway bridge at Little Rock and 3.0 miles east-northeast from Wrightsville, AR. RC-33 Arkansas Arkansas Y15 The bed of the old South Channel River14 Louisiana Gas of the Arkansas River (non- Co. navigable) South of O’Kane Island at approx. River mile 299.5. 09-080- Bakers Creek Entergy Y 35” 19” 53.88”N 93” 08’ 48.25”W U Dardanelle Arkansas, Inc. Section 20 SE1/4 NW1/4 R-20-W, Reservoir T8N Pope County. RC-88 Bayou Arkansas Y Bayou Bartholomew, mile 141.1, Bartholomew Power & Light Ashely Co., AR. RC-55 Bayou Texas Gas Y Bayou Bartholomew in Ashley Bartholomew16 Trans. Corp. Co., AR, 2 miles northwest of Wilmot, AR and 99.2 miles above the mouth of the stream. RC-11 Black River Natural Gas Y Black River at a point near Pipeline of Pocahontas, Randolph Co. America RC-27 Black River Ft. Smith Gas Y Pocahontas, AR. Corp. RC-31 Black River Mississippi Y Black River approx. 250 feet River upstream from the Missouri

13This matter was decided in 1964. Testimony in the case indicated that at the time the Corps was in “the process of making the Arkansas River navigable from its mouth to the Mississippi as far upstream as Tulsa, and it is now believed that the stream will be navigable to Tulsa by the year 1970.” 14 Testimony indicated that the crossing was across an old, dry channel of the Arkansas River which was non-navigable. The Company did not believe that permission was required from APSC since the crossing was not of a navigable waterway, but decided to file out of an abundance of caution. The order granting permission did not address the issue. 15 Testimony during the hearing in RC-33 indicated that as of 1965, the application process with the Corps had changed. Prior to that time, final approval from the Corps was obtained prior to filing for the Application from the Commission. However, after 1965, the Corps would give preliminary approval and then give final approval after obtaining permission from the APSC. This practice change resulted from the passage of Act 188 of 1961. See Hearing Transcript, RC-48. See also Hearing Transcript pg 15-16, RC- 50, describing the confusion that the companies were having due to the lack of guidance regarding the procedure. These tentative approvals will be noted with (*). 16 Hearing testimony did not establish when the bayou was rule navigable, but indicated that there was no traffic on it. Page 7 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? Transmission Pacific Railroad Bridge near Corp. Paroquet, AR in Sections 18 and 19, Township 12 North, Range 3 West in Jackson and Independence Counties. RC-31 Black River Mississippi Y Black River near the northeast River corner of Section 33, Township 19 Transmission North, Range 2 East, in Randolph Corp. County south of Biggers, AR. RC-31 Black River Mississippi Y Black River at approx. river mile River 111.4 about 21 miles upstream Transmission from Pocahontas, AR, lying Corp. immediately upstream from Crossing 10 in Section 12, Township 19 North, Range 2 East, Randolph County. RC-34 Black River Arkansas Y* Black River near Lockheart, AR Power & Light located at approx. river mile 26.3. RC-34 Black River Arkansas Y* Black River 250 feet downstream Power & Light from Missouri Pacific Railroad Bridge near Parouquet, AR. RC-42 Black River Natural Gas Y* Black River approx. river mile Pipeline Co. 99.2 upstream from the mouth of the Black River. RC-48 Black River Mississippi Y* Black River at a point near River Trans. Pocahontas, Randolph Co., AR at Corp. approx. river mile 98.5 RC-76 Black River Arkansas Y Black River northwest of Newport, Louisiana Gas AR. River mile 3.8. RC-90 Black River Arkansas Y Black River at River mile 3.4, Power & Light Independence and Jackson Cos., AR 3.5 mi. northwest of Jacksonport. RC-23 Black River17 Y Black River, White River mile 264.8. The head of navigation on the Black River is 219 miles above its mouth at Megna, MO. RC-3 Black River18 Natural Gas Y Black River, County of Randolph

17 The Commission did not specifically address this tributary in their findings. However, Exhibit 1 in the matter included a letter from the Corps listed the connecting channels that were considered navigable by the Corps. Page 8 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? Pipeline Co. of America RC-23 Buffalo River19 Y Buffalo River, White River mile 287.8. The head of navigation on the Buffalo River is 22 miles above its mouth at the mouth of Rish Creek, AR. RC-81 Bull Shoals Arkansas Y Bull Shoals Lake at White River Lake Power & Light mile 442.9. RC-86 Bull Shoals Arkansas Y Bull Shoals Lake, White River Lake Power & Light mile 457.2, Mariott and Boone Cos., AR RC-22 Consolidated w/ RC-21 RC-24 Consolidated w/ RC-21 U-2898 Cossatot Southwestern Y21 River20 Electrical Power Company Case Culotches Bay Nichols v. Culothes Bay Law Navigation Rights Committee, LLC, 2011 Ark. App. 730 (2011). RC-83 Fourche Creek Arkansas Y Fourche Creek, 2.3 miles Power & Light upstream from the Arkansas River, Pulaski Co., AR 82-256- Fourche ETSI Pipeline Y22 Fourche LaFave River at mile U LaFave River Project 22.4

85-042- Frog Bayou Arkansas Y23 Frog Bayou (Sec. 26, T10N,

18 Application states: “Since Petitioner has no other reliable standard for determining bodies of water which are used or susceptible of being used in their natural condition as highways for commerce, Petitioner has assumed for the purpose of this petition that “Navigable Waterways” as contemplated by the Act are waters over which jurisdiction has been exercised by the War Department, Department of the Army or other Federal Agency….” 19 The Commission did not specifically address this tributary in their findings. However, Exhibit 1 in the matter included a letter from the Corps listed the connecting channels that were considered navigable by the Corps. 20 SWEPCO’s Mr. William Lacefield received a letter, dated December 1, 1977, from the Army Engineers stating that the Cossatot River is not a navigable river. Docket U-2898, February 10, 1978 Hearing Transcript, p. 60. 21 Permit issued for previously planned route. Mr. Lacefield, testified that the Army Engineers would change permit to reflect new route, including new planned crossing of the Little River, following approval by the PSC. Docket U- 2898, July 29, 1980, Hearing Transcript, p. 20. 22 Permit issued prior to construction. No. W-ND-050-03-1745 (as seen in Exhibit A). Page 9 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? U Western Gas R31W) Company 08-087- Horsehead Oklahoma Gas Horsehead Creek just north of the U Creek & Electric Co. Arkansas River in Johnson Co., AR. Case Horseshoe Barboro v. Boyle, 119 Ark. 377, Law Lake 178 S.W. 378. (Not addressed by APSC.) 09-080- Illinois Bayou Entergy Y 35” 19’ 53.88”N 93” 08’ 48.25”W, U Dardanelle Arkansas, Inc. Section 20 SE1/4NW1/4 R-20-W, Reservoir T8-N, Pope Co., AR RC-43 LaGrue Bayou Arkansas Y LaGrue Bayou at mile 5.69, Power & Light Arkansas County, AR. RC-23 Lagrue Y Lagrue Bayou, White River mile Bayou24 20.3. The head of navigation on Lagrue Bayou is 12 miles above its mouth at Lagrue Spring, AR. 82-256- Lee Creek ETSI Pipeline Y25 Lee Creek at mile 2.7 U Project 82-256- Little Frog ETSI Pipeline Y26 Little Frog Bayou at mile 7.3 U Bayou Project

RC-15 Little Missouri Texas Eastern N27 Little Missouri River on the River Transmission boundary between Clark and Corp. Nevada Counties, said crossing being located between Mile Posts Nos. 129 and 130. RC-25 Little Missouri Arkansas- Y 35-10S-21W, Nevada and Clark River Louisiana Gas Cos., River mile 41.0. RC-25 Little Missouri Arkansas- Y 19-10S-21W, Nevada and Clark River Louisiana Gas Cos., River mile 49.5. RC-25 Little Missouri Arkansas- Y 24-8S-26W, Pike Co, River mile River Louisiana Gas 93.0. 10-019- Little Red Fayetteville Y Little Red River at Mile 40.1 in

23 Permit will be obtained from the Corps of Engineers for the Mulberry River Crossing. EIS p. 2. 24 The Commission did not specifically address this tributary in their findings. However, Exhibit 1 in the matter included a letter from the Corps listed the connecting channels that were considered navigable by the Corps. 25 Permit issued prior to construction. No. W-ND-050-03-1745 (as seen in Exhibit A). 26 Permit issued prior to construction. No. W-ND-050-03-1745 (as seen in Exhibit A). 27 Attorney for the Petitioner filed a letter stating that Corps approval was not required for this crossing. However, Petitioner alleged that the river at this point could be considered a “navigable river” within the state definition. The Commission approved the crossing without addressing this issue. Page 10 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? U River Express North east Quarter of Section 35, Pipeline, Inc. Township 9 North, Range 7 West, White Co., AR 11-054- Little Red Texas Gas Y29 Little Red River in White Co., AR U28 River Transmission, Inc. 81-276- Little Red Arkansas Y Little Red River at River Mile 28.4 RC River Power & Light near Searcy, AR, 3.5 miles upstream from Judsonia, White Co. AR. RC-11 Little Red Natural Gas Y Little Red River at a point near River Pipeline of Searcy, White Co. America RC-15 Little Red Texas Eastern Y Little Red River in White Co. River Transmission between Mile Posts263 and 264. Corp. RC-16 Little Red Texas Eastern Y Little Red River in White Co. River Transmission between Mile Post no. 398 & 399. Corp. RC-31 Little Red Mississippi Y Little Red River in White County, River River just east of West Point, AR, in Transmission Section 25, Township 7 North, Corp. Range 6 West, White County. RC-31 Little Red Mississippi Y Little Red River at river mile 17.9 River River near West Point, AR in Section 25 Transmission Township 6 North, Range 6 West, Corp. White County, immediately upstream from Crossing No. 4. RC-34 Little Red Arkansas Y* Little Red River about 4 miles River Power & Light east of West Point, AR, located at river mile 13.55. RC-34 Little Red Arkansas Y* Little Red River at the first street River Power & Light upstream from White County Highway Bridge at Judsonia, AR. RC-34 Little Red Arkansas Y* Little Red River about 3.5 miles River Power & Light upstream from Judsonia, AR located at about river mile 30.5. RC-49 Little Red Mississippi Y* Little Red River at a point near River River Trans. West Point in White Co., AR at

28 The EIS in this Docket contained a lengthy discussion of the impacts to crossing Cadron Creek, but no permit was requested by the Petitioner. 29 Crossings complied with nationwide permit. Page 11 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? Corp. approx. river mile 17.5 RC-59 Little Red Arkansas Y Little Red River at River Mile 5.3, River Power & Light Section 31, T 7 N, R 4 W, White Co., AR. Approx. 12 miles from Searcy and 5.3 miles from the mouth of the river where the Little Red empties into the White River. RC-60 Little Red Arkansas Y Little Red River at approx. river River Power & Light mile 2.65, White Co., AR. RC-7730 Little Red Arkansas Y Little Red River at mile point 17.9, River Power & Light White County, AR. Near West Point. RC-85 Little Red Texas Eastern Y Little Red River at mile 21.0 in River Transmission White Co. approx. 3 miles north Corp west of Kensett, AR. 7.5 mile below U.S. Hwy 67 Bridge. RC-23 Little Red Y Little Red River, White River mile River31 182.6. The head of navigation on Little Red River is 31 miles above its mouth at Bee Rock, AR. RC-54 Little Red Arkansas Y Little Red River at or near Mile River32 Power & Light 30.5 in White Co., AR above the Co. old Hwy 67 bridge. RC-68 Little Red Arkansas Y Little Red River at Navigation Mile River33 Power & Light 17.7 in White Co., AR RC-25 Little River Arkansas- Y 1-12S-29W, Little River Co, River Louisiana Gas mile 38.0 RC-25 Little River Arkansas- Y 1-12S-29W, Little River Co., River Louisiana Gas mile 38.0. RC-7034 Little River Arkansas Y Left Hand Chute of the Little River

30 Of Procedural Note, this was the first time in the River Crossing Dockets that pre-filed testimony was submitted. (1974). 31 The Commission did not specifically address this tributary in their findings. However, Exhibit 1 in the matter included a letter from the Corps listed the connecting channels that were considered navigable by the Corps. 32 Hearing Testimony pgs 7 – 8 indicated that while the Corps considered this area of the Little Red River navigable so as to require a permit, the river at this location was not navigable in fact. This issue was not addressed in the Order. 33 The AP&L witness was questioned during the hearing of this matter whether the “Red River” was navigable in this area. The witness answered that “It is classified as navigable river but according to people who live in this area, fishing is about the only use currently made of this section of the river.” According to the witness, the U.S. Coast Guard was the entity that classified the rivers as navigable. This issue was not addressed in the Order. See Hearing Transcript, p. 13. Page 12 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? Power & Light adjacent to Arkansas State Hwy No. 140 Bridge north of Marked Tree, Poinsett County, AR. U-2898 Little River35 Southwestern Y36 Little River in the flood control Electrical pool (el. 287) of Millwood Power Reservoir Company 82-256- Maumelle ETSI Pipeline Y37 Maumelle River at miles 24.2, U River Project 24.3, and 24.8

RC-69 McClellan-Kerr Arkansas Y McClellan-Kerr Arkansas River at Arkansas Power & Light or near Navigation Mile 112.2, River Pulaski County, AR 09-080- Mill Creek Entergy Y 35” 19’ 54.50”N 93” 12’ 22.95”W, U Dardanelle Arkansas, Inc. Section 23, SE1/4NW1/4 R-21W, Reservoir T9N, Pope Co., AR RC-34 Mississippi Arkansas Y* Mississippi River on Greenville River Power & Light Bridge (no permit required from Corps.) 06-130- Mississippi Entergy Y Sections 13, 23 and 24, Township U River Arkansas, Inc. 16 South, Range 1 West, Chicot Co., AR, Near Lake Village, AR. 10-019- Mississippi Fayettevile Y Mississippi River in Phillips Co., U River Express AR Pipeline, Inc. 11-054- Mississippi Texas Gas Y38 Mississippi River in Phillips Co., U River Transmission, AR Inc. RC-1 Mississippi Mid-South Gas Y (1961) River RC-12 Mississippi Texas Gas Y Mississippi River in Chicot Co., River Trans. Corp. AR

34 The Hearing Transcript of this matter indicated that the distribution lines had already been built at the time the application was filed. During discussions of AP&L’s filing error, the presiding Commissioner indicated that Act 188 of 1961 was enacted for the protection of the public utilities involved because of law suits arising in Southeast Arkansas. However, the Commissioner did not elaborate nor did he address the failure to timely file in the final order. 35 Route also included crossing of several tributaries. EIS Section 3, pg. 3-1. 36 Permit issued for previously planned route. Mr. Lacefield, testified that the Army Engineers would change permit to reflect new route, including new planned crossing of the Little River, following approval by the PSC. Docket U- 2898, July 29, 1980, Hearing Transcript, p. 20. 37 Permit issued prior to construction. No. W-ND-050-03-1745 (as seen in Exhibit A). 38 Crossings complied with nationwide permit. Page 13 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? RC-2 Mississippi Tennessee Y Mississippi River at Greenville River Gas Trans. Bridge Area Co. RC-25 Mississippi Arkansas- Y Crittenden Co., River mile 720.2. River Louisiana Gas RC-34 Mississippi Arkansas Y* Mississippi River 9.9 miles River Power & Light downstream from Railroad Bridge at Memphis, TN. RC-34 Mississippi Arkansas Y* Mississippi River near Helena, River Power & Light AR, approx. mile 308 below Cairo, IL. RC-36 Mississippi Arkansas Y Mississippi River approx. river River Power & Light mile 659.8, approx. 1.9 miles downstream from US Hwy 49 Bridge at Helena, AR in Phillips County, AR and Coahoma County, MS. RC-64 Mississippi Michigan Y Mississippi River at or near mile River Wisconsin 528.6 AHP near the Greenville- Pipeline Lake Village Bridge between Chicot County, AR and Washington Co, MS. RC-73 Mississippi Arkansas N39 Mississippi River on the River Power & Light Greenville, Mississippi Bridge, river mile 531.3, Chicot Co., AR RC-5 Mississippi Texas Gas Y Mississippi River in Chicot Co., River & Transmission AR & Phillips Co.,AR Bayou- Corp. Bartholomew 85-042- Mulberry Arkansas Y40 Little Mulberry Creek (Sec. 22, U Creek Western Gas T10N, R29W) Company 82-256- Mulberry River ETSI Pipeline Y41 Mulberry River at mile 8.2 U Project Case Mulberry River State v. McIlroy, 268 Ark. 227, Law 595 S.W.2d 659 (1980). Mulberry River where it flows through

39 While the Order in this Docket indicates in paragraph 3 that the Petitioner obtained a Corps permit, the testimony and exhibits indicate that the Corps had no jurisdiction over this water body and therefore no permit was issued from the Corps. Exhibits also indicate that Coast Guard approval was not necessary either since it was a rebuild project. 40 Permit will be obtained from the Corps of Engineers for the Mulberry River Crossing. EIS p. 2. 41 Permit issued prior to construction. No. W-ND-050-03-1745 (as seen in Exhibit A). Page 14 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? McIlroy property is navigable. (Not addressed by APSC.) 85-042- Mulberry Arkansas Y43 Mulberry River (Sec. 24, T10N, U River42 Western Gas R29W) Company 77-108- n/a Southwestern U Electric Power Co. (SWEPCO) 81-177- n/a Arkansas U Power & Light 81-184- n/a Arkansas U Power & Light 81-198- n/a Arkansas RC Power & Light 81-276- n/a Arkansas RC Power & Light 81-277- n/a Arkansas RC Power & Light 82-256- n/a ETSI Pipeline U Project 85-042- n/a Arkansas U Western Gas Co. RC-74 n/a Texas Eastern n/a Petitioner withdrew application. Transmission Co. RC-75 n/a Texas Eastern n/a Petitioner withdrew application. Transmission Co. 12-037- Ouachita River Entergy N44 Ouachita River flood plain and U Arkansas, Inc. main channel of the river at a point within the study area located in Sections 14 and 24, Township 13 South, Range 17 West at points on the river approx. 352 miles and 347 miles above the mouth of the Black River,

42 “Proposed pipeline will cross number of small creeks and ‘wet-weather’ branches, in addition to the three larger waterways.” EIS p. 1. 43 Permit will be obtained from the Corps of Engineers for the Mulberry River Crossing. EIS p. 2. 44 Corps permits were in the process of being applied for. Page 15 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? respectively. RC-11 Ouachita River Natural Gas Y Ouachita River at a point near Pipeline of Arkadelphia, Clark Co. America RC-15 Ouachita River Texas Eastern Y Ouachita River in Clark Co. AR Transmission between Mile Posts 148 and 149. Corp. RC-16 Ouachita River Texas Eastern Y Ouachita River on the boundary Transmission between Union Co. and Calhoun Corp. Co. being located between Mile Posts Nos. 9 & 10. RC-16 Ouachita River Texas Eastern Y Ouachita River on the boundary Transmission between Union Co. & Calhoun Corp. Co, between Mile Post 9 & 10. RC-16 Ouachita River Texas Eastern Y Ouachita River on the boundary Transmission between Union Co. & Calhoun Corp. Co. between Mile Posts Nos. 251 & 252. RC-25 Ouachita River Arkansas- Y 30-13S-16W, Ouachita Co., River Louisiana Gas mile 348.0. RC-25 Ouachita River Arkansas- Y 21-7S-19W, Clark Co., River mile Louisiana Gas 416.6. RC-25 Ouachita River Arkansas- Y 21-7S-19W, Clark Co., River mile Louisiana Gas 416.5. RC-25 Ouachita River Arkansas- Y 21-7S-19W, Clark Co., River mile Louisiana Gas 416.6. RC-25 Ouachita River Arkansas- Y 30-13S-16W, Ouachita Co., River Louisiana Gas mile 348.0. RC-34 Ouachita River Arkansas Y* Ouachita River 6 miles southeast Power & Light of Arkadelphia, AR located about river mile 411. RC-34 Ouachita River Arkansas Y* Ouachita River 60 feet Power & Light downstream from Highway No. 79 Bridge at Camden, AR approx. 352.5 miles above the mouth of Black River. RC-34 Ouachita River Arkansas Y* Ouachita River 900 feet Power & Light downstream from US Hwy 79 Bridge in the City of Camden, AR. RC-34 Ouachita River Arkansas Y* Ouachita River east of Camden, Power & Light AR, located at mile 348 above the mouth of the Black River.

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? RC-37 Ouachita River Arkansas Y Ouachita River, approx. 308.3 Power & Light miles above the mouth of the Black River, at a point about 700 fee upstream from U.S. Highway 167 bridge and 1.3 miles north of Calion, Union County, AR. RC-41 Ouachita River Natural Gas Y Ouachita River approx. river mile Pipeline Co. 416.1 above the mouth of the Black River at a point 1.2 miles downstream from the Missouri Pacific Railroad Bridge at Arkadelphia. RC-53 Ouachita River Central Y Ouachita River at a point between Pipeline Co. Union and Calhoun Cos., AR at a crossing point approx. 1.4 miles downstream from US Lock & Dam No. 8, and approx. 295.5 miles above the mouth of the Black River. RC-61 Ouachita River Arkansas Y Ouachita River at river mile 346.9 Power & Light near Camden, Ouachita Co., AR RC-63 Ouachita River Arkansas Y Ouachita River at river mile 295.8 Power & Light about five miles southeast of Calion, Union County, and one mile downstream from Lock and Dam No. 8. RC-72 Ouachita River Mississippi Y* Ouachita River at a point near River Crossett, Bradley and Union Transmission Counties, at approx. river mil Corp. 262.5. RC-78 Ouachita River Phillips Y Ouachita River at a point approx. Petroleum Co. 2.9 miles downstream of the Ark. State Hwy No. 15 ferry at Moro Bay, AR and 269.0 miles above the mouth of the Black River (1972 mileage). Between Ouachita and Bradley Cos., AR. RC-79 Ouachita River Ouachita Y Ouachita River at approx. mile Electric Coop 333.5 above the mouth of the Black River (1972 mileage) and approx. 2 miles southeast of Camden, AR. RC-84 Ouachita River Texas Eastern Y* Ouachita River, near Calion, AR

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? Transmission in Calhoun and Union Cos., Corp approx. 1100 feet upstream of Hwy 167 Bridge. Approx. mile 294.5 above the mouth of the Black River. RC-4 Ouachita Natural Gas Y River45 Pipeline Co. of America RC-11 Red River Natural Gas Y Red River at a point near Fulton, Pipeline of Miller, and Hempstead Cos. America RC-14 Red River Natural Gas Y Red River in Miller & Hempstead Pipeline Co. Cos. RC-15 Red River Texas Eastern Y Red River on the boundary Transmission between Lafayette Co. and Miller Corp. Co. RC-25 Red River Arkansas- Y 20-16S-25W, Miller and Lafayette Louisiana Gas Co., River mile 371.6. RC-15 Saline River Texas Eastern Y Saline River in Grant Co. between Transmission Mile Posts 181 and 182. Corp. RC-16 Saline River Texas Eastern Y Saline River at the boundary Transmission between Bradley Co. and Drew Corp. Co. between Mile Posts No. 38 & 39. RC-16 Saline River Texas Eastern Y Saline River in Bradley Co. being Transmission located at Mile Post No. 46.3. Corp. RC-16 Saline River Texas Eastern N46 Saline River in Cleveland Co. Transmission located between Mile Posts 301 & Corp. 302. RC-25 Saline River Arkansas- Y 27-9S-11W, Cleveland Co., River Louisiana Gas mile 94.0. RC-31 Saline River Mississippi Y Saline River at a point 3 miles River northeast of Warren, AR, 158 Transmission Feet above the Missouri Pacific Corp. Railroad Bridge and 80.1 miles

45 Id. 46 Petitioner included a letter filing stating that the Corps stated that the crossing was located 2 miles upstream from the point considered to the head of navigation by the Corps, so a permit was not required. However, Petitioner alleged that the crossing could still be considered a “navigable river” within the state definition of the term. The APSC granted without discussion of the definition. Page 18 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? above the mouth of the Saline River in Section 35, Township 12 South, Range 9 West, in Bradley County. RC-7147 Saline River Mississippi Y* Saline River at a point near River Johnsville, Bradley and Ashley Transmission Counties, approx. river mile 28.5. Corp. 2 or 3 miles south of Longview Bridge. RC-84 Saline River Texas Eastern N48 Saline River, 20 miles southwest Transmission of Pine Bluff, AR in Cleveland Co. Corp approx. 9.5 miles below Hwy 167 Bridge. 04-025- St. Francis Entergy Y Section 2, Township 10 North, U River Arkansas, Inc. Range 6 East, Poinsett Co., AR. Near the City of Marked Tree. 11-032- St. Francis Entergy St. Francis River in Greene and U River Arkansas, Inc. Craighead Cos. Approx. 1 mile south of the Arkansas-Missouri state line. In fractional Section 30, Range 7 East, Township 16 North and within the St. Francis Sunken Lands State Wildlife Management Area near Leachville, AR, approx. 8 miles southwest of the City of Paragould and approx. 7 miles northwest of the City of Monette. RC-15 St. Francis Texas Eastern Y St. Francis River in Clay Co. River Transmission between Mile Posts 8 and 9. Corp. RC-25 St. Francis Arkansas- Y 2-10W-6E, Poinsett Co., River River Louisiana Gas mile 147.5. RC-29 St. Francis Arkansas- Y St. Francis River approx. river

47 RC-71 & 72 were consolidated for hearing. 48 Hearing Testimony indicated that the Corps indicated that this was not a navigable river so they did not have jurisdiction to issue a permit. See Hearing Testimony, p. 5-6. The Corp letter which indicated this was accepted by the hearing officer as “the permit.” See Hearing Transcript, pg. 27. “[T]he Commission will not issue an order to allow the crossing of any of these rivers until we’ve received the permit from the Corps of Engineers. I believe the letter on the Saline River should serve as that permit…” Id. However, the August 4, 1977, letter from the Corps did not indicate that the river was not navigable, but rather that the regulations were changed and that the Saline crossing would fall under the nationwide permit then available such that no additional permit from the Corps was necessary. Page 19 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? River Louisiana Gas mile 168, about 5 miles west of Caraway, Craighead Co. Section 14, T13N, R6E. RC-34 St. Francis Arkansas Y* St. Francis River 630 feet River Power & Light upstream from Arkansas State Highway Bridge at Marked Tree, AR. Located at river mile 148.5. RC-34 St. Francis Arkansas Y* St. Francis River near Marked River Power & Light Tree, AR. Located at river mile 147.4. RC-34 St. Francis Arkansas Y* St. Francis River near Parkin, AR River Power & Light located near river mile 100. RC-34 St. Francis Arkansas Y* St. Francis River near center of River Power & Light Section 8, Township 4 North, Range 5 East, located at river mile 43.3. RC-34 St. Francis Arkansas Y* St. Francis River upstream from River Power & Light Highway Bridge at Cody, AR located at mile 30. RC-38 St. Francis Arkansas Y St. Francis River at Mile 55.2 (old River Power & Light mileage), which is equivalent to approx. River mile 33.1 (new mileage for the St. Francis Floodway), near Madison, St. Francis Co. AR RC-6 St. Francis Arkansas Y St. Francis River approx. 220 feet River Power & Light upstream from Highway 50 bridge northeast of Madison, AR. RC-11 Sulphur River Natural Gas Y Sulphur River at a point near Pipeline of Fouke, Miller Co. America RC-15 Sulphur River Texas Eastern Y Sulphur River in Miller Co. Transmission between Mile Posts 68 and 69. Corp. RC-25 Sulphur River Arkansas- Y 28-18S-27W, Miller Co., River Louisiana Gas mile 6.5. 10-019- White River Fayettevile Y White River between mileposts U Express 73.5 and 158.2. Woodruff Co., AR Pipeline, Inc. 11-054- White River Texas Gas Y49 White River in Woodruff Co, AR U Transmission,

49 Crossings complied with nationwide permit. Page 20 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? Inc. 81-177- White River Arkansas Y50 White River at Sylamore, river U Power and mile 343.62 in Stone and Izard Light Counties, Arkansas Company 81-277- White River Arkansas Y White River at River Mile 258.4 RC Power & Light (1945 mileage) at Newport, AR 82-256- White River ETSI Pipeline Y51 White River at mile 277.8 U Project 90-188- White River Union Gas Co. On the Chicago, Rock Island and U of Arkansas, Pacific Railway Co. Bridge Inc. situated north of U.S. Hwy 70 near Devalls Bluff in Prairie Co., AR. RC-11 White River Natural Gas Y White River at a point near Pipeline of Jacksonport, Jackson Co. America RC-15 White River Texas Eastern Y White River in Jackson Co. AR Transmission being located substantially at Mile Corp. Post 285. RC-16 White River Texas Eastern Y White River in Jackson Co. Transmission between Mile Post 420 & 421. Corp. RC-17 White River Arkansas Y White River at River Mile 328.6, Power & Light 0.6 miles downstream from Ferry Crossing at Guion, AR. RC-2152 White River AP&L Y White River at River Mile 123.8, 1.5 miles downstream from the US Hwy No. 70 Bridge near Devalls Bluff. RC-23 White River Arkansas- Y White River, Jackson Co., 11.3 Louisiana Gas miles downstream of Newport, AR. RC-25 White River Arkansas- Y 4-3S-2W, Arkansas and Monroe Louisiana Gas Cos., River mile 71.3. RC-28 White River Natural Gas Y White River, Jackson Co., ½ mile Pipeline of upstream from Jacksonport. America RC-30 White River Arkansas Y White River approx. 5.5 miles

50 Permit issued prior to construction. Exhibit RLS2. 51 Permit issued prior to construction. No. W-ND-050-03-1745 (as seen in Exhibit A). 52 RC-21, RC-22 & RC-24 were consolidated. Page 21 of 25

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? Louisiana Gas downstream from Augusta, AR, at River Mile 190.3 in Sections 12 and 14, Township 7 North, Range 4 West, on the county line between White and Woodruff Counties. RC-31 White River Mississippi Y White River approx. 4,600 feet River upstream from Newport Incline in Transmission Section 2, Township 11 North, Corp. Range 3 West, Jackson County. RC-31 White River Mississippi Y White River at river mile 246.7 River about 11 miles downstream from Transmission Newport, in Sections 5, 6, 8 and Corp. 9, Township 10 North, Range 3 West, in Jackson County. RC-32 White River Cotter, Y White River to be located at Gassville and approx. river mile 404 about 2 Mountain miles upstream from the Missouri Home & Pacific Bridge at Cotter, AR. Arkansas Western Gas Co. RC-34 White River Arkansas Y* White River 10.75 miles upstream Power & Light from Cotter, AR. Approx. River mile 413. RC-34 White River Arkansas Y* White River 12.5 miles upstream Power & Light from Cotter, AR. Approx. River mile 415. RC-34 White River Arkansas Y* White River at Cotter, AR. Power & Light Approx. river mile 402. RC-34 White River Arkansas Y* White River at Sylamore, AR. Power & Light RC-34 White River Arkansas Y* White River at Guion, AR. Approx Power & Light 328.7 miles above the mouth of the river and about 0.3 miles below Guion, AR. RC-34 White River Arkansas Y* White River 1.25 miles upstream Power & Light from O’Neal, AR and 317 miles above the mouth of the river. RC-34 White River Arkansas Y* White River 125 feet downstream Power & Light from Highway Bridge at Batesville, AR. RC-34 White River Arkansas Y* White River at Newport, AR

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? Power & Light approx. river mile 258.4. RC-34 White River Arkansas Y* White River 2 miles west of Power & Light Augusta, AR. Approx. 201 miles above the mouth of the river. RC-34 White River Arkansas Y* White River at Devalls Bluff, AR. Power & Light Approx. river mile 125.5. RC-34 White River Arkansas Y* White River at Clarendon, AR, Power & Light located immediately downstream from the St. Louis Southwestern Railroad Bridge and about 100 miles upstream from the mouth of the river near Clarendon. RC-34 White River Arkansas Y* Located about one mile east of Power & Light Crocketts Bluff, AR, approx. 69.8 miles above the mouth of the river. RC-34 White River Arkansas Y* Located at mile 56.6 (1958 Power & Light mileage) approx. ¼ mile downstream from Hwy No. 1 Ferry at St. Charles, AR. RC-39 White River Arkansas Y White River at River Mile 31.42, Power & Light Arkansas and Phillips Counties, AR. RC-40 White River Arkansas Y White River at River Mile 143.9, Power & Light near Des Arc, Prairie Co., AR RC-47 White River Mississippi Y* White River at a point near River Trans. Newport, Jackson Co., AR at Corp. approx. River Mile 258.0 RC-52 White River Gulf Central Y White River in Independence Co., Pipeline Co. AR at River Mile 306.6 which is approx. 5.6 miles upstream from Batesville, AR. RC-80 White River Arkansas Y White River at river mile 325.65, Power & Light near Guion, AR in Stone and Izard Cos. RC-82 White River Arkansas Y White River, river mile 295.4 near Power & Light Batesville, Independence Co., AR RC-85 White River Texas Eastern Y White River river mile 239.5, Transmission Jackson County, AR Corp

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Case # Waterbody Initiating Corps Specific Location Party P. Pre- App? RC-87 White River Arkansas N53 White River at mile 329, Stone Power & Light and Izard Cos, AR RC-67 White River54 Arkansas Y White River at Navigation Mile Power & Light 288.55 in Independence Co., AR.

53 Testimony in this docket indicated that no permit was required for this reconductoring. The Order indicates that the Corps had granted consent and approval. However, Exhibit B, the February 28, 1979 letter from the Corps clarifies that this approval was pursuant to the nation-wide permit, not by separate permit. 54 Hearing testimony indicated that while this portion of the White River was classified as navigable, it was uncertain whether there was any actual navigation at this point. This issue was not addressed in the Order. See Hearing Transcript, p. 13. Page 24 of 25

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CERTIFICATE OF SERVICE

I, Dawn Kelliher Guthrie, hereby certify that a copy of the foregoing has been served on all parties of record by electronic mail via the Electronic Filing System this 4th day of August, 2016. /s/ Dawn Kelliher Guthrie Dawn Kelliher Guthrie

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