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Arkansas Order AECC, Oct 11 2019

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Arkansas Order AECC, Oct 11 2019 APSC FILED Time: 10/11/2019 9:30:15 AM: Recvd 10/11/2019 9:30:09 AM: Docket 19-023-U-Doc. 18 ARKANSAS PUBLIC SERVICE COMMISSION IN THE MATTER OF THE APPLICATION OF ) ARKANSAS ELECTRIC COOPERATIVE ) CORPORATION FOR A CERTIFICATE OF ) ENVIRONMENTAL COMPATIBILITY AND ) DOCKET NO. 19-023-U PUBLIC NEED TO CONSTRUCT, OWN AND ) ORDERNO. 4 OPERATE CERTAIN TRANSMISSION FACILITIES ) IN VAN BUREN AND CLEBURNE COUNTIES ) AND VERIFIED PETITION FOR NAVIGABLE ) WATER CROSSING ) ORDER On July 22, 2019, Arkansas Electric Cooperative Corporation ("AECC") filed its Application for a Certificate of Environmental Compatibility and Public Need ("CECPN") pursuant to Ark. Code Ann. § 23-18-501 et seq. and Rules 6.03 and 6.06 of the Commission's Rules ofPractice and Procedure (RPPs") to construct, own, and operate certain transmission facilities in Van Buren County and Cleburne County, Arkansas and a Verified Petition for Navigable Water Crossings pursuant to Ark. Code Ann.§ 23-3-501 et seq. (collectively the "Application"). With the Application, AECC filed the Direct Testimony of Curtis Q. Warner, Jenni Sudduth, and Forest Kessinger. On September 13, 2019, AECC filed the Supplemental Testimony of its witnesses Warner and Sudduth. IJ Order No. 2 adopted a procedural schedule with a Hearing scheduled for November 21, 2019. Pursuant to that schedule on September 26, 2019, Jeff Roberts, Senior Electrical Engineer, filed Direct Testimony and a Direct Exhibit on behalf of the Staff ("Staff') of the Arkansas Public Service Commission ("APSC or "Commission"). He APSC FILED Time: 10/11/2019 9:30:15 AM: Recvd 10/11/2019 9:30:09 AM: Docket 19-023-U-Doc. 18 Docket No. 19-023-U Order No. 4 Page 2 of 34 recommended approval of the CECPN with certain conditions. His Direct Testimony is discussed in more detail later in this Order. In its Application, AECC proposes to construct, m.vn, and operate a major utility facility consisting of 1) a transmission switching station located adjacent to the existing Heber Springs North Distribution Substation, located in Cleburne County, Arkansas, and 2) a 25.8-mile, double circuit 161/69 kV transmission line, located in Van Buren and Cleburne Counties, Arkansas, together referred to as the "Proposed Facilities." The Application Exhibits are outlined in the table below. Table 1 Application Exhibits Exhibit Number Description AECC-1 Map indicating general location of project AECC-2 Map of area electrical network AECC-3 Aerial photographs AECC-4 List of landowners AECC-5 Copy of landowner notice AECC-6 Proof of Service AECC-7 Environmental Impact Statement AECC-8 Application to Army Corps of Engineers AECC-9 Compliance Checklist On August 21, 2019, one landowner whose land was proposed to be traversed, W. Gary Gore, filed a Notice of Limited Appearance and Verified Statement regarding the expansion of the right-of-way on his property for the proposed project. APSC FILED Time: 10/11/2019 9:30:15 AM: Recvd 10/11/2019 9:30:09 AM: Docket 19-023-U-Doc. 18 Docket No. 19-023-U Order No. 4 Page 3 of 34 As noted above on September 13, 2019, AECC filed the Supplemental Direct Testimony and Exhibits of witnesses Curtis Q. Warner and Jenni Sudduth. Mr. Warner presents supplemental information about AECC's correspondence with the Tribes that are interested in the location of the Proposed Facilities. Those tribes are the Cherokee Nation, the Osage Nation, the Quapaw Nation, the Shawnee Tribe, and the United Keetoowah Band of Cherokee Indians. Mr. Warner also provides correspondence that he has received from the Arkansas Department of Health. Ms. Sudduth provides supplemental information concerning notice. On October 9, 2019, Order No. 3 waived the Hearing and stated a ruling would be made on the Evidentiary Record. The 25.8-mile transmission line, located in Van Buren and Cleburne Counties in Arkansas, will consist of a double circuit 161/69 kV transmission line extending from the proposed transmission switching station ("Switching Station") located in Heber Springs, Cleburne County, Arkansas to the Partain Transmission Substation ("Partain"),1 located in Van Buren County, Arkansas. The 161 kV transmission line will be constructed with 1272 MCM ACSR conductors capable of carrying 304 MW ("summertime conditions"). The 69 kV transmission line will be constructed with 795 MCM ACSR conductors capable of carrying 98 MW ("summertime conditions"). 2 The Switching Station will be comprised of a ring bus configuration with four (4) circuit breaker positions. Two (2) of the breaker positions will serve as the in-and-out connection to Entergy Arkansas's 1 A CECPN for the construction of the Partain Transmission Substation and associated transmission line was approved by Order No. 4 in Docket No. 18-025-U. 2 Direct Testimony of AECC witness Curtis Q. Warner, p. 20 , lines 13-16. APSC FILED Time: 10/11/2019 9:30:15 AM: Recvd 10/11/2019 9:30:09 AM: Docket 19-023-U-Doc. 18 Docket No. 19-023-U Order No. 4 Page 4 of 34 ("Entergy") existing Quitman-to-Greers Ferry 161 kV Transmission Line. One breaker position will serve the existing Heber Springs North Substation, located just across Rock Products Road from the proposed Svvitching Station. The final breaker position will serve the proposed 161 kV transmission line.3 The 69 kV portion of the proposed double circuit transmission line will be terminated at the east end of the line at the existing Heber Springs North 161-69 kV Distribution Substation. I The 69 kV transmission line will replace the existing 69 kV facilities that are currently owned and operated by First Electric Cooperative Corporation ("FECC"). Replacement of this 69 kV transmission line will provide for increased reliability and circuit capacity than presently exists. The double circuit 161/69 kV transmission line begins at the existing Partain Transmission Substation, and extends generally east to the proposed Switching Station located in Heber Springs, Arkansas.4 The route will cross Greers Ferry Lake at two (2) locations, Middle Fork Little Red River and Devils Fork Little Red River.s The first 10.6 miles of the 161/69 kV double circuit transmission line will utilize the existing 69 kV transmission corridor that is within a 100-foot right-of-way ("ROW"). The remaining 15.2 miles of the 161/69 kV double circuit transmission line, with a fev,r exceptions, will follow the existing 69 kV corridor, but will require an additional 25 feet of ROW, as the existing ROW is typically only 75 feet in width.6 3 Direct Testimony of Curtis Q. Warner, p. 5, line 21 through p. 6, line 7. 4 Application Exhibit AECC-2, Partain to Heber Springs North transmission line, p. 15. sApplication Exhibit AEEC-3, Map 4 of 36 (Crossing 1), p. 21, and Map 12 of 36 (Crossing 2), depicting the navigable water crossings, p. 29. 6 Direct Testimony of Curtis Q. Warner, p. 4, lines 8-19. APSC FILED Time: 10/11/2019 9:30:15 AM: Recvd 10/11/2019 9:30:09 AM: Docket 19-023-U-Doc. 18 Docket No. 19-023-U Order No. 4 Page 5 of 34 The exception to proposed 161/69 kV double circuit transmission following the existing 69 kV transmission corridor occurs to avoid a business northeast of Heber Springs, Arkansas. This is a slight re-alignment and will require new 100-foot wide ROW.7 AECC indicates that its preferred route is Route A, a portion of which crosses Federal lands. Depending on AECC's on-going negotiations with the Federal Government, it may have to choose the Preferred Route A with Bypass B to avoid traversing the Federal lands.8 According to witness Warner, should Bypass B be required, the total amount of additional ROW required will increase from 46 to 56 acres.9 Staff witness Roberts testified that notice was given to landowners in the path of Bypass B with perhaps the exception of parcel 209A. On October 10, 2019, AECC filed proof that the owner of Parcel 209A had been properly and timely served '""1th notice. Bypass B will not material change the length or the cost of the Proposed Facilities. The Proposed Facilities have an anticipated in-service date of February, 2023.10 Staff witness Roberts testified that his evaluation of AECC's CECPN Application ,,vas based upon the Utility Facility Environmental and Economic Protection Act,11 previous Commission Orders, the RPPs and Special Rules - Electric, and the testimony and exhibits filed by AECC in support of its Application. Staff witness Roberts testified that previous Commission Orders, namely Order No. 12 issued in Docket No. 89-164-U and Order No. 5 issued in Docket No. 91-182-U, 7Application Exhibit AECC-3, Map 31of36, p. 48. s Application Exhibit AECC-3, Maps 33 and 34, pp. 50-51. 9 Direct Testimony of Curtis Q. Warner, p. 9, lines 14-19. 10 Application, p. 3, ii 3. 11 Ark. Code Ann. § 23-18-501 et seq. APSC FILED Time: 10/11/2019 9:30:15 AM: Recvd 10/11/2019 9:30:09 AM: Docket 19-023-U-Doc. 18 Docket No. i9-023-U Order No. 4 Page 6 of 34 were used as the basis for his evaluation to determine if the proposed route is reasonable. Pursuant to Ark. Code Ann. § 23-18-519(b), there are a number of findings and determinations that the Commission must make before it may grant a CECPN for a major utility facility. With regard to a major utility transmission line and associated substation facilities, the Commission must find: • The basis of the need for the facility; • That the facility will serve the public interest, convenience, and necessity; • The nature of the probable environmental impact of the facility; • That the facility represents an acceptable adverse environmental impact; • The nature of the probable economic impact
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