12-R-116a Intervention efforts with SCUCISD regarding LCRARESOLUTION NO. 12-R-116 0~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, SUPPORTING THE INTERVENTION EFFORTS OF
THE SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL
DISTRICT REGARDING THE LOWER COLORADO RIVER
AUTHORITY'S TRANSMISSION LINE PROJECT IN THE CITY OF
SCHERTZ, TEXAS, SPECIFICALLY IN CONNECTION WITH THE
SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL
DISTRICT'S OPPOSITION TO THE LOWER COLORADO RIVER
AUTHORITY'S PROPOSED TRANSMISSION LINE SEGMENT S; AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the Lower Colorado River Authariry Transmission Services Corporation
has filed an application with the Texas Public Utility Commission ("PUC") for a proposed
transmission line ("LCRA Transmission Line") connecting the new New Braunfrels Utilities'
E.C. Mornhinweg Station to LCRA TSC's existing Parkway Station, PUC Docket #40684; and
WHEREAS, in addition to other schools and proposed schools near other proposed
LCRA Transmission Line Segments, the Schertz-Cibolo-Universal City Independent School
District ("SCUCISD") has the John Sippel Elementary School adjacent to LCRA Transmission
Line Segment S; and
WHEREAS, the SCUCISD has stated its desire to minimize any transmission line
footprint on or near its campuses; and
WHEREAS, the SCUCISD has filed to intervene in PUC Docket #40684 in order to
demonstrate the SCUCISD's opposition to certain LCRA Transmission Line Segments,
including, but not limited to, LCRA Transmission Line Segment S; and
WHEREAS, the City Council of the City of Schertz, Texas (the "City") has determined
that it is in the best interests of the City to support the SCUCISD's intervention efforts
specifically with respect to opposition of LCRA Transmission Line Segment S.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
SECTION I. The City supports the SCUCISD's intervention efforts relating to
PUC Docket #10684, specifically with respect to opposition of LCRA Transmission Line
Segment S.
SECTION II. The recitals contained in the preamble hereof are hereby found to
be true, and such recitals are hereby made a part of this Resolution for all purposes and are
adopted as a part of the judgment and findings of the City Council.
SECTION III. All resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution axe hereby repealed to the extent of such
conflict, and the provisions of this Resolution shall be and remain controlling as to the matters
resolved herein.
50562399.3
SECTION IV. This Resolution shall be construed and enforced in accordance
with the laws of the State of Texas and the United States of America.
SECTION V. If any provision of this Resolution or the application thereof to any
person or circumstance shall be held to be invalid, the remainder of this Resolution and the
application of such provision to other persons and circumstances shall nevertheless be valid, and
the City Council hereby declares that this Resolution would have been enacted without such
invalid provision.
SECTION VI. It is officially found, determined, and declared that the meeting at
which this Resolution is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this Resolution,
was given, all as required by Chapter 551, Te:cas Government Code, as amended.
SECTION VII. This Resolution shall be in force and effect fiom and after its final
passage, and it is so resolved.
PASSED A1~1D ADOPTED, this 11th day of December, 2012.
CITY OF S
Mayor Michael M. Carpenter
ATTEST:
~•` C~ ecretary
(CiT~' SEAL)
Control Number: 40654
Item Number. 112
Addendum StartPage: 0
PUC DOCKET N0.40684
APPLICATION OF LCRA TRANSMISSION §
SERVICES CORPORATION TO AMEND §
CERTIFICATE OF CONVENIENCE AND §
NECESSITY FOR THE PROPOSED EC §
MORNHINWEG TO PARKWAY 138-KV §
TRANSMISSION LINE IN COMAL AND §
GUADALUPE COUNTIES, TEXAS §
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at~~ uT~~,r Ay ~, 3~
PUBLIC UTI~ c~ FRkMFSSf o~
COMMISSION
OF TEXAS
MOTION TO INTERVENE OF
SCHERT~CISOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
NOW COMES Schertz-Cibolo-Universal City Independent School District ("District")
and moves to intervene in the above-styled and doclteted proceeding pursuant to the Public
Utility Regulatory Act, Title II, TEXAS UTILITIES CODE and Sections 22.141, 22.143, and
22.104 of the Rules of Practice and Procedure of the Public Utility Commission of Texas
("PUC" or "Commission). In support of its motion, the District respectfully shows as follows:
I. Authorized Representative
The name, address, and telephone number of tha authorized representative of the District
is:
George E. Grimes, 7r. _ _ ..
Walsh, Anderson, Gallegos, Green and Trevifio, P.C. --
100 N.E. Loop 410, Suite 900
San Antonio, Texas 78216
Telephone: (210) 979-6633
Email: gprirnes e,wabsa.coni
The District requests that the Commission and all parties to this proceeding serve copies
of all notices, correspondence, pleadings, briefs, requests for information, and other documents
on the District's authorized representative, George E. Grimes, Jr.
1
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)(]<. Basis for >lntervention
LCR.A Transmission Services Corporation, the Applicant in this proceeding, proposes to
build an eight to eleven-mile 138-kV transmission line connecting the Parkway Substation in
Guadalupe County and the Mornhinweg Substation in Comal County ("the Project").
The District owns several properties that are on or.adjacent to various route segments
cited on LCRA Transmission Services' preliminary route segment drawing, and one or more of
LCR.A's proposed routes would cross the District's property. Specifically, these segments are C,
Rl, M, L, and S. The District's affected properties either have an existing school campus or are
the site of a future campus. As a potentially affected landowner, the District was the recipient of
a notice letter from the Applicant informing the District of the potential impact on its property of
the proposed alternative routings of the transmission Iine.
In light of the foregoing facts, the District has a justiciable interest in this proceeding in
that the District's operation of its school campuses may be adversely affected by the decisions
made by the Commission with respect to the certificate of convenience and necessity applied for
by the Applicant.
I><><. Acknowled ements
The District acknowledges: (1) it will be a party to the case; (2) it will be required to
respond fo all discovery requests from other parties in the case; (3) if the District files testimony,
other parties may cross-examine their representative at the hearing; (4} if it files any documents
in this case, copies of those documents will be served to every other party in this case, except
where modified by alternative service procedures set out by order in this proceeding; and (5) it is
bound by the Procedural Rules of the Public Utility Commission of Texas and the State Office of
Administrative Hearings.
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WHEREFORE PREMISES CONSIDERED, the District respectfully requests that this
Motion to Intervene be granted and that it be allowed to participate in this proceeding as a party
to the fullest extent it may desire to do so, and for such other relief to which it may be entitled.
Respectfully submitted,
George E. Grimes,~r.
State Bar No. 24002187
Walsh, Anderson, Gallegos, Green and Trevino, P.C.
Telephone: (210) 979-b633
Facsimile: (210) 979-7024
CERTIFICATE OF SERVICE
i hereby certify that I have served a true and correct copy of the foregoing Motion to Intervene
on the following via hand delivery, facsimile or, U.S. Mail, on this 17th day of October, 2012 on
all parties of record.
3
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Sepiomber 12, 7.01?_
Mr. Christian Powell
Sr. regulatory Case Manager
Lower Colorado Rlvor Authority
P.O. 13ox 220
Austin, TK 78767-0220
RE: proposed E.C. Mornhinweg-to-Parkway 13t3~IcV Transtnisslon Llne Project
Mr. Powell,
Thank you for the opportunity to share our Thoughts concerning the routing of the proposed transmission sine project.
Our staff has met with you and provided vorbal feedback, but permit us ko follow that up with a more formal lector to
old us both with the matter at hand.
The Scheriz-Clboio=Universal Cily 15D has several
properties on or adjacent to various route segments
cited on your prollmfnary route segment drawing
dated March 2t?12. Specifically, segment's C, R1, M,
Land S,
Segment C is along an existing LCFiA easement;
however, our D(strict has purchased most of the cots
In the Live Oak area of Segment C. The loss we have
purchased are shown in green. Our belief Is that this
area would bo sufficient for an elementary school s[te.
Segment R1 does cross some of our properties En the
Live Oak area; however, the area we are focusing on
at #his time Is between Pinto and Urban Lane.
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Segments M and L cross over a property we
recently acquired. This property is a 101.1- acre
site near the corner of Wledersteln (Clboio Valley)
and OId V4-iedersteln Road.
This drawing does not necessarily reflect an actual
design but was meant only to show the potential
scale of facilities available on the site. The site is
large enough For a high school. Any relocation of
exist[ng towers would probably be determined
before any actual design.
Old Wiederstein road will quite Illcely require
expansion along the bottom portion of our property.
This is something to keep in mind when
considering segmont M.
S'CUC~SD It?issiort 5~rterrrerrt --
Schertz-CfBola•Universai City !5t) provtdes a safe, secure and challenging teaming environment, U+rougl+ the responsible use arei! resources, to ajjord
opportunities for a!1 s+udents to reaf+ie their individual patents! and to become respansrble and prad++crtve members ajsociety.
Alfl~ough wo can't yuarantoe, al this time, that the existing CPS Sowers would bo relocated, It is something that wonid
6e seriously considered Hooter the limo for cons#ructlan.
Segment ivl cont6utes eas#avard and bocamos N and then 5 which is the segment that crosses ti}rotrcdh the Beirr~ont
Park subdivlsfon and then dfreclly hehinct our Slppel Fiemontary School.
Nofwiths#anding, any new transmission Ilnas near schools should t}avp the minimum spaca
~, rertuirod for the tower and provide the maximum spaco for our campuses. If a kowor is required
near tho l.ivo Oak area, for instance, lt}e single polo tower would seam. to provddt: the smeller
~ footprint.
In your FAQ noses, I_CftA has explained It would prefer to use existing easemer}ts as much as
Single-Pgle possible. We would ratter the new transmission line have a minimum foot prink near schools and
avoid school campus sites where possible.
While i# may not be passible to avoid all school sites In our District, we hope khat any points where transmission lines
cross over or are adjacent ko our campuses are Kept to the minimum.
I hope #his Eelter makes clear our desire to minimize any transmission line foo#print on or near our campuses white
providing you the information you need in malting your rocommendaiian concerning tho rauto the #ransmission line
should take.
Sincerely, ~ _
Greg Gibson, ~d.D
Superintendent
5'~UC,t'~'U Mi§slar~ ~atem~rrd~[
Sclrertz-GbofmUr:rve-sat Ciry !5U pravfdes a sale, secwe acrd cftaAer+ging learning enviroament, through the responsible use o(aU resources, to a(j'ord
opportanlties for el! students to realize drelr tndivtdual potentla! and to becane resporrsrble and productive members ojsoc(ery.
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