NMSA 1978, and New Mexico Public Regulation Commission ("Commission" or

Transcription

1 BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION IN THE MATTER OF SUNZIA TRANSMISSION, LLC's APPLICATION FOR (1 APPROVAL OF THE LOCATION OF TWO 500 KV TRANSMISSION LINES IN LINCOLN, SOCORRO, SIERRA, LUNA, GRANT, TORRANCE, AND HIDALGO COUNTIES; AND (2 DETERMINATION THAT RIGHT OF WAY WIDTH GREATER THAN 100 FEET IS NECESSARY, SUNZIA TRANSMISSION, LLC, APPLICANT Case No UT PROCEDURAL ORDER THIS MATTER comes before the Hearing Examiner in this proceeding pursuant to NMSA 1978, and New Mexico Public Regulation Commission ("Commission" or "NMPRC" Rules of Procedure and of the New Mexico Administrative Code ("NMAC". Being fully informed of the premises, the Hearing Examiner FINDS and CONCLUDES: 1. On March 12, 2018, SunZia Transmission LLC ("SunZia" filed an Application and supporting direct testimony with the New Mexico Public Regulation Commission ("Commission", pursuant to sections and of the Public Utility Act and NMAC. SunZia requests that the Commission enter a Final Order that grants the following relief: (1 approves the location of two 500 kilovolt (' 1 kv" transmission lines and related facilities in specified areas of Lincoln, Socorro, Sierra, Luna, Grant, Torrance, and Hidalgo counties in New Mexico ("SunZia Project" or "Project"; (2 determines that a total right-of-way width of approximately 400 feet (i.e. 200 feet for each transmission line, which may require a width of up to 1000 feet in a few locations, is necessary for the construction, operation, and

2 maintenance of the Project; and (3 determines and approves other matters that are appropriate and necessary for the implementation of the approvals and authorizations granted in this case. 2. On March 21, 2018, the Commission issued an order appointing the undersigned as hearing examiner. 3. A prehearing conference was held on April 3, Participating in the conference were representatives of SunZia, Vagabond Cattle Company, LLC, Pattern Energy, the New Mexico State Land Office, the New Mexico Attorney General, and the Utility Division Staff ("Staff'' of the Commission. 4. The Hearing Examiner and the parties discussed a procedural schedule, revisions to SunZia's proposed form of notice, and a procedure for the electronic service of filings and discovery requests and responses, which the Hearing Examiner finds should be adopted. 5. The Commission has jurisdiction over the parties and the subject matter of this case. IT IS THEREFORE ORDERED: A. The following schedule is adopted for this proceeding: 1. SunZia shall cause, at its sole expense, a copy of the Notice of Proceeding and Hearing appended to this Order as Attachment A to be published once in newspapers of general circulation sufficient for availability in every county in which the proposed transmission line is proposed to be located on or before April 14, SunZia shall, at its sole expense, post a copy of this Procedural Order, including the attached Notice of Proceeding and Hearing, on its website at as soon as practicable but no later than April 14, 2018, SunZia shall also, at its sole expense, mail to the persons and entities to whom SunZia served a copy of its Application and to any owner of 2

3 prope1iy proposed to be taken (and, if applicable, to the person in actual occupancy of the property (NMSA 1978, , a copy of this Procedural Order, including the attached Notice of Proceeding and Hearing, as soon as practicable but no later than April 14, SunZia shall promptly file affidavits reflecting such publication, posting and mailing with the Commission. 2. Any person who desires to become a party to this case shall file a Motion for Leave to Intervene with the Commission in conformity with l (a and (B NMAC on or before May 15, Staff and Intervenors shall file testimony on or before May 25, Any uncontested stipulation shall be filed on or before May 25, Rebuttal testimony or testimony in support of an uncontested stipulation shall be filed on or before June 6, A public hearing will be held beginning at 9:00 a.m. on June 13 through June 15, 2018, and continuing thereafter on June 18-19, 2018, if necessary, in the Ground Floor Hearing Room of the Commission in the PERA Building, 1120 Paseo de Peralta, Santa Fe, New Mexico to hear and receive evidence, arguments and any other appropriate matters relevant to this proceeding. B. Staff shall file a response to the Application by April 27, 2018, advising the Commission of Staffs position as to the need for a public hearing, consistent with Staffs duty under of the Public Utility Act. 3

4 C. In accordance with NMSA 1978, Section (K, the Commission may approve SunZia's request for request for location approval without formal hearing if no protest is filed within sixty ( 60 days after SunZia publishes notice of the Application in the case. D. To prevent the Commission from being placed in the possible position of issuing an order rejecting a stipulation and then having insufficient time remaining in the statutory review period to adequately consider SunZia's original Application, the parties are put on notice that, if any parties request consideration of a stipulation, the Hearing Examiner may refuse to consider the stipulation or condition consideration of the stipulation on the stipulating parties' agreement to toll the running of the statutory review period for the period of time associated with the negotiation of the stipulation and the Commission's final action thereon. E. The procedural dates and requirements provided herein are subject to further Order of the Commission or Hearing Examiner. Interested persons should contact the Commission at ( for confirmation of the hearing date, time and place, since hearings are occasionally rescheduled. F. The Commission's Rules of Procedure, NMAC, et seq., shall apply to this case except as modified by order of the Commission or Hearing Examiner. A copy of the Rules may be obtained from the offices of the Commission or online at the official NMAC website, G. Discovery matters and any discovery disputes shall be governed by the Commission's discovery rules NMAC. The parties are advised to raise any questions or concerns regarding discovery with the Hearing Examiner in a timely manner so that they may be considered well in advance of the hearing. 4

5 H. A Commission order is not required for agreements between or among any of the participants regarding discovery matters. All other participants shall be notified of such agreements. I. No motion regarding any discovery dispute shall be considered unless accompanied by a statement that the participants have made a good faith effort to resolve the dispute and were unable to do so. J. Anyone filing pleadings, testimony, and other documents in this case may file either in person with the Commission's Record Bureau on the Fourth Floor, P.E.R.A~ Building, Santa Fe, New Mexico 87501, or by mail addressed to: Records Bureau, New Mexico Public Regulation Commission, P.E.R.A. Building, P.O. Box 1269, Santa Fe, New Mexico The physical address of the Commission shall be used only for special or hand deliveries. Copies of all filings shall be served on all parties of record and Staff as specified in the most recent Certificate of Service issued in this case. Copies of all filings shall also be ed on the date of filing to the Hearing Examiner at ashley.schannauer@state.nm.us by no later than 5:00 pm Mountain Prevailing Time. All documents ed to the Hearing Examiner shall include Word files if created in that format. K. Service of all documents filed in this proceeding and discovery requests and responses shall be via unless a party requests a hard copy or unless otherwise ordered. L. The Certificate of Service attached to this Order contains the interim service list to be used until the issuance of a final service list pursuant to O(C(4 NMAC. Parties shall also add to this interim service list any parties that file motions to intervene, as such motions are filed. 5

6 M. Any person filing prepared testimony under I NMAC on behalf of a party shall attend the hearing and submit to examination under oath. Unless otherwise ordered or approved by the Commission or Hearing Examiner, at the public hearing in this case only prefiled prepared written testimony, in question and answer form and verified by the witness, and examination of witnesses on such pre-filed testimony shall be accepted, considered and received in evidence along with other relevant and otherwise admissible exhibits. Further, the questioning of a party sponsoring a witness shall be limited on direct examination to the authentication and verification of the witness' pre-filed written testimony and later to appropriate redirect examination. N. Any interested person may examine SunZia's Application and all other pleadings, testimony, exhibits and other documents filed in the public record for this case at the offices of SunZia at the following addresses: SunZia Southwest Transmission Project 3610 North 44th Street, Suite 250 Phoenix, AZ or at the offices of the Commission, Records Bureau, Fourth Floor, 1120 Paseo de Peralta, P.E.R.A. Building, Santa Fe, New Mexico 87501, telephone: ( or at "Case Lookup Edocket" on the Commission's website at 0. Any interested person may appear at the time and place of hearing and make a written or oral comment pursuant to l (f NMAC without becoming an Intervenor. Interested persons may also send written comments, which shall reference NMPRC Case No UT, to the Commission at the address set out below. However, pursuant to Commission rule l (f NMAC, comments will not be considered as evidence in this proceeding. 6

7 P. Any person with a disability requiring special assistance in order to participate in this proceeding should contact the Commission at ( at least 24 hours prior to the commencement of the hearing. ISSUED at Santa Fe, New Mexico, this April 4, NEW MEXICO PUBLIC REGULATION COMMISSION Ashley C. Schannauer Hearing Examiner 7

8 BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION IN THE MATTER OF SUNZIA TRANSMISSION, LLC'S APPLICATION FOR: (1 APPROVAL OF THE LOCATION OF TWO 500 KV TRANSMISSION LINES IN LINCOLN, SOCORRO, ' SIERRA, LUNA, GRANT, TORRANCE, AND HIDALGO COUNTIES; AND (2 Case No UT DETERMINATION THAT RIGHT OF WAY WIDTH GREATER THAN 100 FEET IS NECESSARY, SUNZIA TRANSMISSION, LLC, APPLICANT. CERTIFICATE OF SERVICE I CERTIFY that on this day I sent, via only, a true and correct copy of the Procedural Order and Notice of Proceeding, to the individuals listed below. Jeff F omaciari Dana S. Hardy Sonya Mares Tom Wray Joseph Yar Alicia Armijo Pete Domenici Lorraine Hollingsworth Daniel A. Najjar Carla S. Najjar Lisa Henne -SLO Michaelene Kyrala - NMENV Greg Ridgley - OSE Cydney Beadles John Bogatko Bradford Borman Dhiraj Solomon Milo Chavez John Reynolds Jack Sidler Michael C. Smith Darr Shannon jfornaciari@hinklelawfirm.com; dhardy@hinklelawfirm.com; smares@hinklelawfirm.com; twray@southwesternpower.com; jyar@nmag.gov; Aarmijo@nmag.gov; pdomenici@domenicilaw.com; lhollingsworth@domenicilaw.com; dnajjar@virtuelaw.com; csnajjar@virtuelaw.com; lhenne@slo.state.nm.us; Michaelene.Kyrala@state.nm.us; Greg.Ridgley@state.nm.us; Cydney.beadles@state.nm.us; John.bogatko@state.nm.us; Bradford.Borman@state.nm.us; Dhiraj.solomon@state.nm.us; milo.chavez@state.nm.us; john.reynolds@state.nm.us; jack.sidler@state.nm.us; michaelc.smith@state.nm.us; Sho11com@hotmail.com; DATED this April 4, Ron Kellermueller NM Game & Fish Belinda Garland Torrance County Manager Ira Pearson Luna County Manager Nita Taylor Lincoln County Manager Charlene Webb Grant County Manager Tisha Green Hidalgo County Manager Delilah Walsh Socorro County Manager Bruce Swingle Sierra County Manager Ronald.Kellermueller@state.nm.us; bgarland@tcnm.us; Ira pearson@lunacountynm.us; Ntaylor@lincolncountynm.gov; cwebb@grantcountynm.com; countyrnanager@hidalgocounty.org; dwalsh@co.socorro.nm.us; bswingle@sierraco.org; ~rutc:kienbro~~