APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION IN THE MATTER OF THE APPLICATION ) OF SOUTHWESTERN ELECTRIC POWER ) COMPANY FORA CERTIFICATE OF ) ENVIRONMENTAL COMPATffiILITY AND ) PUBLIC NEED FOR THE CONSTRUCTION ) DOCKET NO. 13-041-U OWNERSIllP, OPERATION AND MAINTENANCE ) OF THE PROPOSED 345 KV TRANSMISSION LINE ) BETWEEN THE SIllPE ROAD STATION AND ) THE PROPOSED KINGS RIVER STATION AND ) ASSOCIATED FACILITIES TO BE LOCATED IN ) BENTON, CARROLLAND/OR MADISON AND ) WASIllNGTON COUNTIES, ARKANSAS ) AMENDED JOINT PETITION TO INTERVENE OF THORNCROWN CHAPEL, INC., THE AMERICAN INSTITUTE OF ARCIllTECTS AND THE ARKANSAS CHAPTER. THE AMERICAN INSTITUTE OF ARCIllTECTS Thorncrown Chapel, Inc. ("Thorncrown"), the American Institute of Architects (the "Institute") and The Arkansas Chapter, the American Institute ofArchitects ("AlA Arkansas") GointIy, the "Petitioners',) respectfully state as follows for their amended petition to intervene in this proceeding pursuant to Rule 3.04(a)(2) of the Arkansas Public Service Commission's Rules of Practice and Procedure: 1. Thorncrown is an Arkansas nonprofit corporation in good standing with its principal place of business in Eureka Springs, Arkansas. Thorncrown is dedicated to operating, preserving and protecting Thorncrown Chapel. A copy of Thorncrown's Articles of Incorporation is attached as Exhibit A. Thorncrown Chapel is a setting and structure of unparalleled historical and architectural significance. Since the Chapel opened in 1980, over six million people have visited this woodland sanctuary. It has won numerous architectural awards such as the American Institute of Architects' Design of the Year Award for 1981 and the American Institute of Architects' Design of the Decade Award for the 1980's. The Chapel received the 2006 American Institute of Architects' Twenty-Five 286563 APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 Year Award for architectural design that has stood the test of time for twenty-five years. In 2007, Thorncrown Chapel was selected through a public survey ofAmericans as part ofAmerica's Favorite Architecture, placing 60th out ofl50 buildings. In addition, the Chapel is listed on the National Register of Historic Places. E. Fay Jones, renowned architect responsible for Thorncrown Chapel's design, received the Institute's Gold Medal in 1990, the highest honor that the Institute confers. 2. The Institute is a New York not-for-profit organization in good standing with its principal offices in Washington, D.C. The Institute's Articles of Incorporation are attached as Exhibit B. Founded in 1857, almost 80,000 architect and allied members of the Institute consistently work to create more valuable, healthy, secure and sustainable buildings, neighborhoods and communities. Through nearly 300 state and local chapters, the Institute advocates for public policies that promote economic vitality and public well being. Furthermore, since its earliest days, the Institute has advocated for protecting and conserving natural resources. In the 20th century, the Institute played a key role in advocacy for the Appalachian Trail and the formation of the National Park Service. The Institute's service to the architecture profession and the public well being include efforts to preserve and protect architecturally significant structures. Since the beginning of the energy efficiency movement in the 1970s, the Institute has been a leader in promoting the energy-efficient design, construction and operation of buildings and the communities in which they exist. The Institute's current public policies and position statements state: "The [Institute1 recognizes a growing body of evidence that demonstrates current planning, design, construction and real estate practices contribute to patterns of resource consumption that will inhibit the sustainable future of the Earth. Architects, as the leaders in design of the built environment, are responsible to act as stewards of the Earth. Consequently, we encourage 286333 2 APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 communities to join with us to take the leadership to change the course of the planet's future and support legislative and regulatory strategies that implement sustainable design practices to advance the goal of achieving carbon-neutral buildings by the year 2030." 3. AIAArkansas is an Arkansas nonprofit corporation in good standing with its principal offices in Little Rock, Arkansas, and is a chapter of the Institute. A copy ofAIAArkansas' Articles of Incorporation is attached as Exhibit C. AIAArkansas' mission is to organize and unite in fellowship the architects of the State ofArkansas; to combine their efforts to promote the aesthetic, scientific and practical efficiency of the profession; to advance the science and art of planning and building by advancing the standards of architectural education, training and practice; to coordinate the building industry and the profession of architecture to insure the advancement of the living standards of our people through their improved environment; and to make the profession of ever increasing service to society. Like the Institute, AIAArkansas' service to the architecture profession and the public well being include efforts to preserve and protect architecturally significant structures. 4. Thorncrown Chapel is located approximately 1,000 feet from the Route 91 (or Blue Route) alternate route identified in Southwestern Electric Power Company's ("SWEPCO's) application. Locating high voltage transmission facilities so near the Chapel would be extremely detrimental to and totally incompatible with the Chapel. Perhaps the Chapel's most significant architectural feature is the way in which it was designed to be and is a part ofthe pristine natural setting and view. Architect E. Fay Jones said that he wanted Thorncrown to be so closely tied to its surroundings that it looked like someone dropped a seed in the woods, and the chapel grew up with everything else. 286333 3 APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 5. Thomcrown has a direct and unique interest in this proceeding as the proposed Route 91 alternate route is directly at odds with Thomcrown's purpose of preserving and protecting the Chapel. The proposed facilities would be hannful to Thomcrown both economically and aesthetically. Thomcrown Chapel's interplay with its pristine setting is the essence of the Chapel. Consequently, despite specific mention in Thomcrown's Articles of Incorporation, Thomcrown's organizational purposes inherently include promoting and protecting the surrounding environment and the conservation, natural beauty and flora and fauna of the surrounding area. 6. The Institute and AIAArkansas have a direct and unique interest in this proceeding as the proposed Route 91 alternate route is directly at odds with their efforts to preserve and protect architecturally significant structures for the architecture profession's and the public's benefit. Again, because Thomcrown Chapel's integration with the environment is the Chapel's essence, preserving and protecting the Chapel includes promoting and protecting the surrounding environment and the conservation, natural beauty and flora and fauna of the surrounding area. While the Institute is not a domestic corporation entitled to intervention as of right under Ark. Code Ann. § 23-18-51 7(a)(3) (20 II Supp.), the Institute meets all the other requirements set out therein. The Institute should be granted intervention pursuant to Rule 3.04(a) and (b) of the Commission's Rules of Practice and Procedure because the Institute has an interest that may be directly affected by the Commission's action. 7. No other party to this proceeding is as uniquely qualified as the Petitioners to protect Thomcrown Chapel's interests and provide the Commission with information about the Chapel's historical and architectural significance, as well as the potential impact of SWEPCO's proposal on the Chapel. In addition, the Petitioners' interests will not be adequately represented by any other 286333 4 APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 party or potential party to this proceeding as the other parties' interests are adverse to the Petitioners in at least some respects. 8. The Petitioners wish to be heard on each matter at issue herein, as each such matter may impact upon the Chapel. The Petitioners have not completed their review ofSWEPCO's proposals, but the Petitioners can state that they oppose SWEPCO's proposed Alternate Route 91. 9. The following person should be included on the official service list in this proceeding should the Petitioners be permitted to intervene and all communications concerning this Petition should be addressed to the following person: Stephen N. Joiner ROSE LAW FIRM a Professional Association 120 East Fourth Street Little Rock, Arkansas 72201-2893 (501) 377-0329 [email protected] WHEREFORE, the Petitioners request that they be permitted to intervene as party in this proceeding. Respectfully submitted, ROSE LAW FIRM a Professional Association 120 East Fourth Street Little Rock, Arkansas 72201-2893 (501) 377-0392 [email protected] Attorneys for Thorncrown, the American Institute ofArchitects and AlA Arkansas By: /s/ Stephen N. Joiner Stephen N. Joiner Arkansas Bar No. 87093 286333 5 APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc. 99 CERTIFICATE OF SERVICE I, Stephen N. Joiner, do hereby certify that I have served a copy of the foregoing instrument via electronic and U.S. Mail to the parties of record on May 9, 2013. lsi Stephen N. Joiner Stephen N. Joiner 286333 6 APSC FILED Time: 5/9/2013 8:08:09 AM: Recvd 5/9/2013 7:50:21 AM: Docket 13-041-u-Doc.