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111111111111 iiii iiii 11 Control Number: 50075
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Item Number: 64
Addendum StartPage: 0
71720 ;1,1 -? -2 § PUBIICUTILITVCO I
OF TEXAS
, s-1- •
ISSION
DOCKET NO. 50075
APPLICATION OF TEXAS-NEW -MEXICO-POWER COMPANY TO AMEND ITS CERTIFICATE OF CONVENIENCE AND NECESSITY FOR THE TNMP SH 121 TRANSMISSION LINE RELOCATION PROJECT IN COLLIN COUNTY
NOTICE OF APPROVAL
This Notice of Approval addresses the application of Texas-New Mexico Power Company
(TNMP) to amend its certificate of convenience and necessity (CCN) for the relocation of a portion
of single-circuit 138-kilovolt (kV) transmission line in Collin County. The Commission approves
the application to the extent provided in this Notice of Approval.
I. Findings of Fact
The Commission makes the following findings of fact.
Applicant
1. TNMP is a domestic for-profit corporation registered with the Texas secretary of state on
April 18, 1963, under filing number 19241500.
2. TNMP is a wholly-owned subsidiary of PNM Resources, Inc.
3. TNMP provides electric transmission and distribution services in the Electric Reliability
Council of Texas (ERCOT) region under CCN number 30038.
Application
4. On October 14, 2019, TNMP filed an application for the relocation of a portion of
single-circuit 138-kilovolt (kV) transmission line in Collin County.
5. TNMP retained HDR, Inc. to prepare an environmental assessment and routing analysis
for the proposed transmission line that was included as part of the application.
6. In Order No. 2 filed on November 5, 2019, the administrative law judge (ALJ) found the
application sufficient for further review.
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Public Notice
7. On July 18, 2019, TNMP held its public meeting to solicit public input about the proposed
transmission facilities. TNMP mailed notice of the public meeting to landowners who own
property located within 350 feet of each of the preliminary transmission line segments.
8. TNMP mailed notices to a total of 149 landowners and entities for the first public meeting.
This notice included an invitation letter, a map of the study area depicting the preliminary
alternative segments, and a question-and-answer sheet.
9. TNMP also mailed notice of the public meeting to the Department of Defense
Clearinghouse.
10. A total of 43 people signed in at the public meeting. Fifteen questionnaires were submitted
at the meeting and 16 were received by mail after the meeting.
Notice
11. On October 15, 2019, TNMP filed the affidavit of Pamela Collins, paralegal at Jackson
Walker, L.L.P, attesting to the provision of notice to potentially affected property owners,
county and municipal officials, neighboring utilities, the Office of Public Utility Counsel,
the Texas Parks and Wildlife Department (TPWD), and the Department of Defense Siting
Clearinghouse on October 14, 2019.
12. On October 25, 2019, TNMP filed a publisher's affidavit attesting to publication of notice
on October 17, 2019 in the Anna-Melissa Tribune, a newspaper of general circulation in Collin County.
13. In Order No. 2 filed on November 5, 2019, the ALJ found notice sufficient.
Evidentiary Record
14. On December 18, 2019, TNMP, Commission Staff, and intervenors filed a joint motion to admit evidence.
15. In Order No. 5 filed on February 11, 2020, the All admitted the following evidence into the record: (a) TNMP's application and all attachments filed on October 14, 2019; (b) TNMP's affidavit of mailed notice filed on October 15, 2019; (c) letter of support from Senator Pat Fallon filed on October 21, 2019; (d) TNMP's proof of publication filed on October 25, 2019; (e) TMNP's response to Order No. 1 filed on October 29, 2019;
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(f) Commission Staff s recommendation on application sufficiency and notice filed on
October 31, 2019; (g) letter of support from Representative Justin Holland filed on
November 1, 2019; (h) letter of support from Representative Scott Sandford filed on
November 1, 2019; (i) TNMP's supplemental affidavits regarding proof of notice filed on
November 15, December 2, and December 11, 2019; (j) Wayne "Skip" Hill's request for
hearing filed on December 2, 2019; (k) Mr. Hill's motion to withdraw his request for
hearing filed on December 6, 2019; (1) Commission Staff s recommendation on final
disposition filed on December 9, 2019; and (m) Texas Parks and Wildlife Department letter
to Karen Hubbard, Legal Division, filed on December 16, 2019.
Interventions
16. In Order No. 1 filed on October 15, 2019, the ALJ set the deadline to intervene as
December 2, 2019.
17. In Order No. 3 filed on November 5, 2019, the ALJ granted WKG Enterprises, Ltd.'s
motion to intervene.
18. In Order No. 4 filed on December 11, 2019, the All granted the following motions to
intervene:
NAME DATE FILED 1.Keith Clifton November 25, 2019 2. Michael Adams December 2, 2019 3. Wendy Anderson December 2, 2019 4. Tom Bartzen December 3, 2019 5. Stanley Beall December 2, 2019 6. Wanda Beall December 2, 2019 7. Terry Billups December 2, 2019 8. Steve Ekberg December 2, 2019 9. Lenda Fidelman December 2, 2019 10.Stephen Finnerty December 2, 2019 11.Durinda Fisher December 2, 2019 12. Roland Foerster December 2, 2019 13.Paul Michael Freeman December 2, 2019 14.Todd Hewell December 2, 2019 15. Robert Hobbs December 2, 2019 16. Elizabeth James December 2, 2019
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Docket No. 50075 Notice of Approval Page 4 of 17
NAME DATE FILED 17.Sean Jeffrey December 2, 2019 18.Pamela Jeffrey December 2, 2019 19.Norman Johnston December 2, 2019 20. Janet Johnston December 2, 2019 21. Patricia Jones December 2, 2019 22. Matthew C. Kunkle December 2, 2019 23. Hannah Kunkle December 2, 2019 24. Marc Lester December 2, 2019 25. Brian MacKay December 2, 2019 26. Kelley MacKay December 2, 2019 27. Bart McDonald December 2, 2019 28. Brian Meader December 2, 2019 29. Clark Miller December 2, 2019 30. Lila Morisee December 2, 2019 31. Charles Stephens December 3, 2019 32. Matthew Stockton December 2, 2019 33. Joan Swalwell December 2, 2019 34. Joseph Tatem December 2, 2019 35. David Thompson December 2, 2019 36. Douglas Tomlinson December 2, 2019 37. Wayne "Skip" Hill December 2, 2019 38. Susan Ann Clark December 2, 2019
19. On December 2, 2019, Mr. Hill filed a request for a hearing on the merits. Subsequently,
on December 6, 2019, Mr. Hill filed a motion to withdraw his request for a hearing.
20. Mr. Hill, in his capacity as authorized representative for the majority of the intervenors,
agreed to Route 2. The remaining intervenors did not oppose Route 2.
21. In Order No. 4 filed on December 11, 2019, the ALJ granted Mr. Hills motion to withdraw
his hearing request.
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Description of the Transmission Line
22. Commission Staff recommends, and TMNP and the intervenors do not oppose, that route
2 is the route that best addresses the requirements of PURA' and the Commission's rules.
23. The proposed transmission line will be double-circuit-capable.
24. Route 2 is not opposed by the directly affected landowners on the route.
25. Route 2 consists of the following routing segments: A-T-0-J-K-L-M-N-X.
26. Route 2 comprises noticed segments that were not changed or modified from the segments
in the application and that were identified together as filed route 2.
27. Route 2 is 3.6 miles in length.
Route Adequacy
28. No party filed testimony or a statement of position challenging whether the application
provided an adequate number of reasonably differentiated routes to conduct a proper
evaluation, and no party requested a hearing on route adequacy.
29. The application provided an adequate number of reasonably differentiated routes to
conduct a proper evaluation.
Adequacy of Existing- Service and Need for Additional Service
30. The proposed facilities are necessary for the service, accommodation, and convenience of
the public, based on the Texas Department of Transportation's requests to TNMP to
relocate a portion of the existing transmission line in order to widen State Highway 121.
Only a portion of the transmission line will be affected. The Department of Transportation
is expanding the highway due to numerous casualties on that stretch of highway.
Alternatives to the Project
31. Due to the necessity of the highway expansion, there are no feasible alternatives to the
proj ect.
Probable Improvement of Service or Lowering of Consumer Cost
32. The requested CCN amendment will not adversely affect TMNP's ability to provide
reliable service.
I Public Utility Regulatory Act, Tex. Util. Code §§ 11.001-66.016.
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Docket No. 50075 Notice of Approval Page 6 of 17
Effect of Granting the CCN on Other Utilities
33. TNMP is the only electric utility involved in the construction of the proposed transmission
facility.
34. The requested CCN amendment will not adversely affect service by other utilities in the
area.
Estimated Costs
35. The estimated cost of the transmission line routes in the application ranges from $6,715,474
to $11,567,997.
36. With an estimated cost of $6,715,474, route 2 as proposed in the application is the least
expensive route of the nine application routes.
Prudent Avoidance
37. There are five habitable structures in the study area within 300 feet of the centerline of
route 2. This route has the fewest such habitable structures among the nine application
routes.
38. TNMP has routed the proposed consensus route 2 in accordance with the Commission's
policy of prudent avoidance.
Community Values
39. To develop community values for the proposed transmission facilities, TNMP held a
public-participation meeting. There were 43 attendees at the public meeting.
40. TNMP received 15 questionnaires at the public meeting and 16 questionnaires by mail after
the meeting. TNMP received information from landowners, local, state, and federal
agencies and incorporated it into the analysis and TNMP's eventual selection of the routes
filed in the application.
41. The proposed transmission line will have minimal impacts on community values.
Using or Paralleling Compatible Rights-of-Way and Paralleling of Property Boundaries 42. Route 2 will utilize 6,237 feet of existing compatible transmission line right-of-way, which
is the most of any of the proposed routes.
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43. Route 2 does not parallel other existing electric transmission lines, but the route parallels
existing public roads and highways for 11,862 feet, or approximately 2.24 miles.
44. Route 2 uses or parallels existing compatible corridors and apparent property lines to a
reasonable extent.
Engineerin2 Constraints
45. TNMP did not identify any engineering constraints that would prevent construction of the
transmission facilities along route 2.
Other Land Uses and Land Types
a. Radio Towers and Other Electronic Installations
46. There are no commercial AM radio transmitters located within 10,000 feet of the centerline
of route 2.
47. There is one known FM, microwave, or other electronic installation within 2,000 feet of
the centerline of all of the alternative routes.
48. The presence of the proposed transmission facilities along route 2 is not likely to adversely
affect communication operations in the proximity of the route.
b. Airstrips and Airports
49. There are no airports registered with the Federal Aviation Administration (FAA) with at
least one runway longer than 3,200 feet located within 20,000 feet of the centerline of
route 2.
50. There are two airports (Tejas Stone Ranch and Flying T Ranch) registered with the FAA
with runways 3,200 feet or less in length within 10,000 feet of the centerline of route 2.
Transmission line structures are expected to exceed a 50:1 horizontal slope from the closest
point of the closest runway for only Tejas Stone Ranch.
51. There is one private airstrip located within 10,000 feet of the centerline of route 2.
52. There are no heliports within 5,000 feet of the centerline of route 2.
53. There will be no significant impacts to any airports, airstrips, or heliports anticipated from
construction of the proposed route.
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c. Irrigation Systems
54. The proposed route 2 does not cross pasture or cross cropland with irrigation systems.
55. There will be no significant impacts to mobile irrigation systems crossed by the proposed
consensus route.
Other Route Attributes
56. The proposed route 2 does not cross pastureland.
Recreational and Park Areas
57. There are no parks or recreation areas within 1,000 feet of the centerline of the proposed
route 2.
58. The proposed transmission line will have no adverse impact on parks and recreational
areas.
Historical and Archeological Areas
59. Route 2 does not cross and is not within 1,000 feet of any areas listed on the National
Register of Historic Places or of any cultural resource sites.
60. There is one prehistoric archaeological site located within 1,000 feet of the centerline of
all alternative routes. It is located 25 feet from the centerline of line segment M. The
right-of-way for this segment is 50 feet wide.
61. Route 2 has the second shortest length of right-of-way across areas of high archeological
site potential, at 10,788 feet.
62. The proposed route 2 will have minimal impact on historical or archeological areas.
Aesthetic Values
63. Route 2 is not located within the foreground visual zone of any parks or recreational areas.
64. Route 2 is within the foreground visual zone of interstate, United States, or state highway for 19,234 feet.
65. Route 2 is within the foreground visual zone of farm-to-market roads for 13,995 feet.
66. The proposed transmission line will have minimal impact on aesthetic values.
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Docket No. 50075 Notice of Approval Page 9 of 17
Environmental Intemritv
67. The study area traversed by route 2 is primarily rural, mostly in agricultural use with
scattered residential areas. There is also some commercial development in the area.
68. HDR obtained information from the United States Fish and Wildlife Service (USFWS) and
TPWD regarding the possibility of encountering any endangered or threatened species in
the area affected by the proposed transmission line.
69. HDR evaluated the potential impacts of the proposed transmission line on endangered and
threatened species.
70. HDR evaluated potential impacts to soil and water resources, the ecosystem (including
endangered and threatened vegetation and fish and wildlife), and land use within the study
area.
71. No significant impacts to wetland resources, ecological resources, endangered and
threatened species, or land use will result from construction of the proposed transmission
facilities.
72. Route 2 does not cross known or occupied habitat of federally listed endangered or
threatened species.
73. TNMP will mitigate any effect on federally listed plant or animal species according to
standard practices and measures taken in accordance with the Endangered Species Act.
74. Route 2 is not parallel within 1,000 feet to any natural streams or rivers. TNMP will span
all surface water crossed by any of the alternative routes.
75. The Commission does not expect the construction, operation, and maintenance of the
proposed transmission facilities to adversely affect surface water or groundwater in the
area.
76. Route 2 does not cross any 100-year floodplains.
77. TNMP will protect raptors and migratory birds by following the procedures outlined in the
following publications: Reducing Avian Collisions with Power Lines: The State of the Art
in 2012, Edison Electric Institute and Avian Power Line Interaction Committee,
Washington, D.C. 2012: Suggested Practices for Avian Protection on Power Lines: The
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Docket No. 50075 Notice of Approval Page 10 of 17
State of the Art in 2006, Edison Electric Institute, Avian Power Line Interaction
Committee, and the California Energy Commission, Washington, D.C. and Sacramento,
CA 2006; and Avian Protection Plan Guidelines, Avian Power Line Interaction Committee
and United States Fish and Wildlife Service, April 2005. TMNP will take precautions to
avoid disturbing occupied nests and to take steps to minimize the burden of construction
of the transmission facilities on migratory birds during the nesting season of the migratory
bird species identified in the area of construction.
78. The main effect of the transmission facilities on vegetation will result from clearing the
right-of-way of woody vegetation and mowing or clearing herbaceous vegetation.
79. TNMP will minimize the amount of flora and fauna disturbed during construction of the
proposed transmission line.
80. TNMP will revegetate cleared and disturbed areas using native species and consider
landowner preferences and wildlife needs in doing so.
81. TNMP will avoid causing, to the maximum extent possible, adverse environmental impacts
to sensitive plant and animal species and their habitats as identified by TPWD and the
USFWS.
82. TNMP will implement erosion control measures and return each affected landowner's
property to its original contours unless otherwise agreed to by the landowners. It is
appropriate that TNMP not be required to restore original contours and grades where
different contours or grades are necessary to ensure the safety or stability of the proposed
transmission line's structures or the safe operation and maintenance of the transmission line.
83. TNMP will exercise extreme care to avoid affecting non-targeted vegetation or animal life when using chemical herbicides to control vegetation within rights-of-way. The use of chemical herbicides to control vegetation within rights-of-way must comply with the rules and guidelines established in the Federal Insecticide, Fungicide, and Rodenticide Act and with the Texas Department of Agriculture regulations.
84. TNMP will use best management practices to minimize the potential impact to migratory birds and threatened or endangered species.
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Docket No. 50075 Notice of Approval Page 11 of 17
85. If construction of the transmission facilities impacts federally listed species or their habitat
or impacts water under the jurisdiction of the United States Army Corps of Engineers or
the Texas Commission on Environmental Quality, TNMP will cooperate with the United
States Fish and Wildlife Service, the United States Anny Corps of Engineers, and the Texas
Commission on Environmental Quality to accomplish necessary permitting and any
required mitigation.
TPWD Comments and Recommendations
86. TPWD was provided a copy of the application, including the environmental assessment for
the project.
87. In a letter dated December 10, 2019 and filed on December 16, 2019, TPWD provided
comments and recommendations concerning the transmission line and referenced the
recommendations the agency provided to HDR dated May 2, 2019, prior to the application
filing date.
88. Before beginning construction, TNMP will undertake appropriate measures to identify
whether a potential habitat for endangered or threatened species exist and respond as
required.
89. The standard mitigation requirements included in the ordering paragraphs in this Notice of
Approval, coupled with the TNMP construction and mitigation practices, are reasonable
measures for a utility to undertake when constructing a transmission line and are sufficient
to address the TPWD's comments and recommendations.
90. This Notice of Approval addresses only those TPWD recommendations and comments for
which there is record evidence.
91. No modifications to the proposed transmission facilities are required as the result of the
recommendations and comments made by TPWD.
Permits
92. Before beginning construction of the proposed transmission facilities, TMNP will obtain
any necessary permits or clearances from federal, state, or local authorities.
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Docket No. 50075 Notice of Approval Page 12 of 17
93. Before beginning construction of the proposed transmission facilities, TNMP will obtain
any necessary permits from the Texas Department of Transportation if the facilities cross
state-owned or maintained properties, roads, or highways.
94. TNMP will obtain a miscellaneous easement from the General Land Office if the
transmission facilities cross a state-owned riverbed or navigable stream.
95. TNMP committed, before commencing construction, to obtain a general permit to
discharge under the Texas pollutant discharge elimination system for stormwater
discharges associated with construction activities as required by the Texas Commission on
Environmental Quality. In addition, because more than five acres will be disturbed during
construction of the transmission facilities, TNMP committed, before commencing
construction, to prepare the necessary stormwater-pollution-prevention plan, to submit a
notice of intent to the Texas Commission on Environmental Quality, and to comply with
all other applicable requirements of the general permit.
96. Before construction, TNMP will obtain all permit or regulatory approvals that are required
from the United States Army Corps of Engineers, the United States Fish and Wildlife
Service, the Texas Commission on Environmental Quality, the Texas Historical
Commission, the state historic preservation offices, and Collin County.
Coastal Management Program 97. No part of the proposed transmission facilities is located in the boundary of the Coastal
Management Program as defined in 31 Texas Administrative Code (TAC) § 503.1(b).
Effect on the State's Renewable Energy Goal 98. The Texas Legislature established a goal in PURA § 39.904(a) for 10,000 megawatts of
renewable capacity to be installed in Texas by January 1, 2025. This goal has already been met.
99. The proposed transmission facilities cannot adversely affect the goal for renewable energy development established in PURA § 39.904(a).
Lhnitation of Authority
100. It is reasonable and appropriate for a CCN order not to be valid indefinitely because it is issued based on the facts known at the time of issuance.
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Docket No. 50075 Notice of Approval Page 13 of 17
101. Seven years is a reasonable and appropriate limit to place on the authority granted in this
order to construct the proposed transmission line.
Informal Disposition
102. At least 15 days have passed since the completion of all notice requirements in this docket.
103. There are no unresolved requests for a hearing.
104. No hearing is needed.
105. Commission Staff recommended approval of the application.
106. This decision is not adverse to any party.
II. Conclusions of Law
The Commission makes the following conclusions of law.
1. The Commission has jurisdiction over this application under PURA §§ 14.001, 32.001,
37.051, 37.053, 37.054, and 37.056.
2. TNMP is a public utility as defined in PURA § 11.004(1) and an electric utility as defined
in PURA § 31.002(6).
3. TNMP must obtain the approval of the Commission to construct the proposed transmission
facilities and provide service to the public using that line under PURA § 37.053.
4. The application is sufficient under 16 TAC § 22.75(d).
5. TNMP's application complies with the requirements of 16 TAC § 25.101.
6. TNMP provided notice of the application in compliance with PURA § 37.054 and 16 TAC
§ 22.52(a).
7. The Commission processed this docket in accordance with the requirements of PURA, the
Administrative Procedure Act,2 and Commission rules.
8. The proposed transmission facilities using route 2 are necessary for the service,
accommodation, convenience, or safety of the public within the meaning of PURA
§ 37.056(a).
2 Tex. Gov't Code ch. 2001.
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Docket No. 50075 Notice of Approval Page 14 of 17
9. The proposed route complies with PURA § 37.056(c)(4) and 16 TAC § 25.101(b)(3)(B),
including the Commission policy of prudent avoidance, to the extent reasonable to
moderate the impact on the affected community and landowners.
10. The Texas Coastal Management Program does not apply to the proposed transmission line
and the requirements of 16 TAC § 25.102 do not apply to the application.
11. The requirements for informal disposition in 16 TAC § 22.35 have been met in this
proceeding.
12. The requirements for administrative approval in 16 TAC § 25.101(b)(3)(C) have been met
in this proceeding.
III. Ordering Paragraphs
In accordance with these findings of fact and conclusions of law, the Commission issues
the following orders.
1. The Commission amends TMNP's CCN number 30038 to include the construction and
operation of the proposed transmission facilities along route 2 identified in the application,
as provided in this Notice of Approval.
2. TNMP must consult with pipeline owners or operators in the vicinity of the approved route
regarding the pipeline owners or operators' assessment of the need to install measures to
mitigate the effects of alternating-current interference on existing natural gas pipelines
paralleled by the proposed electric transmission facilities.
3. TNMP must conduct surveys, if not already completed, to identify pipelines potentially
affected by the transmission facilities and cooperate with pipeline owners in modeling and
analyzing potential hazards because of alternating-current interference affecting metallic
pipelines being paralleled.
4. TNMP must obtain all permits, licenses, plans, and permission required by state and federal
law that are necessary to construct the proposed transmission line. If TNMP fails to obtain
any such permit, license, plan, or permission, TNMP must notify the Commission
immediately.
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Docket No. 50075 Notice of Approval Page 15 of 17
5. TNMP must identify any additional permits that are necessary, consult any required
agencies (such as the United States Army Corps of Engineers and USFWS), obtain all
necessary environmental permits, and comply with the relevant conditions during
construction and operation of the proposed transmission facilities.
6. Before commencing construction, TNMP must obtain a general permit to discharge under
the Texas pollutant discharge elimination system for stormwater discharges associated with
construction activities as required by the TCEQ. In addition, because more than five acres
will be disturbed during construction of the transmission facilities, TNMP must, before
commencing construction, prepare the necessary stormwater-pollution-prevention plan,
submit a notice of intent to the TCEQ, and comply with all other applicable requirements
of the general permit.
7. In the event TNMP encounters any archeological artifacts or other cultural resources during
project construction, work must cease immediately in the vicinity of the artifact or resource
and the discovery must be reported to the Texas Historical Commission. In that situation,
TNMP must take action as directed by the Texas Historical Commission.
8. Before beginning construction, TNMP must undertake appropriate measures to identify
whether a potential habitat for endangered or threatened species exists and must respond
as required.
9. TNMP must follow the procedures to protect raptors and migratory birds as outlined in the
publications: Reducing Avian Collisions with Power Lines: The State of the Art in 2012,
Edison Electric Institute and Avian Power Line Interaction Commission (APLIC),
Washington, D.C. 2012; Suggested Practices for Avian Protection on Power Lines: The
State of the Art in 2006, Edison Electric Institute, APLIC, and the California Energy
Commission, Washington, D.C. and Sacramento, CA 2006; and Avian Protection Plan
Guidelines, APLIC and USFWS, April 2005. ETT must take precautions to avoid
disturbing occupied nests and take steps to minimize the impact of construction on
migratory birds during the nesting season of the migratory bird species identified in the
area of construction.
10. TNMP must exercise extreme care to avoid affecting non-targeted vegetation or animal life
when using chemical herbicides to control vegetation within the right-of-way and must
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Docket No. 50075 Notice of Approval Page 16 of 17
ensure that such herbicide use complies with the rules and guidelines established in the
Federal Insecticide, Fungicide and Rodenticide Act and with Texas Department of
Agriculture regulations.
11. TNMP must minimize the amount of flora and fauna disturbed during construction of the
transmission line, except to the extent necessary to establish appropriate right-of-way
clearance for the transmission line. In addition, TNMP must revegetate using native
species and must consider landowner preferences and wildlife needs in doing so.
Furthermore, to the maximum extent practicable, TNMP must avoid adverse
environmental impacts to sensitive plant and animal species and their habitats as identified
by TPWD and USFWS.
12. TNMP must implement erosion control measures as appropriate. Erosion control measures
may include inspection of the right-of-way before and during construction to identify
erosion areas and implement special precautions as determined reasonable to minimize the
impact of vehicular traffic over the areas. TNMP must return each affected landowner's
property to its original contours and grades unless otherwise agreed to by the landowner or
landowners' representatives. TNMP need not restore original contours and grades where
a different contour or grade is necessary to ensure the safety or stability of the project's
structures or the safe operation and maintenance of the line.
13. TNMP must use best management practices to minimize the potential impact to migratory
birds and threatened or endangered species.
14. TNMP must cooperate with directly affected landowners to implement minor deviations in the approved route to minimize the impact of the transmission line. Any minor deviation
to the approved route must only directly affect landowners who were sent notice of the transmission line in accordance with 16 TAC § 22.52(a)(3) and landowners that have agreed to the minor deviation.
15. TNMP is not authorized to deviate from the approved route in any instance in which the deviation would be more than a minor deviation, without further amending its CCN.
16. If possible, and subject to the other provisions of this Notice of Approval, TNMP must prudently implement appropriate final design for this transmission line so as to avoid being
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Docket No. 50075 Notice of Approval Page 17 of 17
subject to the FAA's notification requirements. If required by federal law, TNMP must
notify and work with the FAA to ensure compliance with applicable federal laws and
regulations. TNMP is not authorized to deviate materially from this Notice of Approval to
meet the FAA's recommendation or requirements. If a material change would be necessary
to comply with the FAA's recommendations or requirements, then TNMP must file an
application to amend its CCN, as necessary.
17. TNMP must report the transmission line approved by this Notice of Approval on its
monthly construction progress reports before the start of construction to reflect the final
estimated cost and schedule in accordance with 16 TAC § 25.83(b). In addition, TNMP
must provide final construction costs, with any necessary explanation for cost variance,
after completion of construction and when all charges have been identified.
18. The Commission limits the authority granted by this Notice of Approval to a period of
seven years from the date this Notice of Approval is signed unless the transmission line is
commercially energized before that time.
19. The Commission denies all other motions and any other requests for general or specific
relief, if not expressly granted. 7) 6d
Signed at Austin, Texas the day of March 2020.
PUBLIC UTILITY COMMISSION OF TEXAS
STEVEN LEARY ADMINISTRATIVE LAW JUDGE
W2013 q:\cadrn\docket management\electric\ccn\50xxx\50075 noa.docx
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