BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION PETITION TO INTERVENE. COME NOW, David and Bettianne Jackson, B. Cris and Eleanor Jones, Charles and

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1 BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION IN THE MATTER OF THE APPLICATION OF SOUTWESTERN ELECTRIC POWER COMPANY FOR A CERTIFICAT EOF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED FOR THE CONSTRUCTION OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROPOSED 345 KV TRANSMISSION LINE BETWEEN THE SHIPE ROAD STATION AND THE PROPOSED KINGS RIVER STATION AND ASSOCIATED FACILITIES TO BE LOCATED IN BENTON, CARROLL AND/OR MADISON AND WASHINGTON COUNTIES, ARKANSAS DOCKET NO: U PETITION TO INTERVENE COME NOW, David and Bettianne Jackson, B. Cris and Eleanor Jones, Charles and Kathleene Chiasson, Hans Christian and Charlene Hoewt, Rick and Janet Clark, Paul Zander and Blackthorn Land and Trading Company, LLC, (herein referred to as Jackson Petitioners ) and for their Petition to Intervene in this proceeding pursuant to Ark. Code Ann , as amended, and Rule 3.04 of the Arkansas Public Service Commission s ( Commission ) Rules of Practice and Procedure, state as follows: 1. On or about March 26, 2013, Southwestern Electric Power Company ( SWEPCO ) filed its Notice of Filing of Application for Certificate of Environmental Compatibility and Pubic Need ( Notice of Filing ) and sent a copy to each of the Jackson Petitioners under cover letter from SWEPCO s counsel. Said cover letter stated that each of the Jackson Petitioners may own property which may be traversed by the proposed 345 KV transmission line. 2. On April 3, 2013, SWEPCO filed its application for a Certificate of Environmental Compatibility and Pubic Need ( CECPN ) pursuant to Ark. Code Ann , et seq. and in compliance with Rule 7.08 of the Commission s Rules of Practice and 1

2 Procedure. All of the Jackson Petitioners own property located along and impacted by Segment AL on Proposed Route 33 as shown on the map accompanying the application for the CECPN. 3. Pursuant to Ark. Code Ann (a)(3), the Jackson Petitioners should each be granted intervenor status in that they each have an interest that will be directly affected by the Commission s action, their individual and unique interests in their own private properties are not represented by other parties and they have petitioned the Commission for leave to intervene as a party within thirty (30) days after the date given the Notice as the date of filing the application. 4. While the Jackson Petitioners are concerned with, and therefore may address, the potential health and safety risks, the potential environmental impacts and the potential adverse effect on the value of their properties, they have not had time to identify or fully evaluate all of the issues associated with the proposed 345 KV transmission line that will traverse their properties. Therefore, the Jackson Petitioners wish to preserve their rights to make all necessary arguments, present evidence, along with lay and expert testimony, and hereby reserve any and all rights necessary to preserve their interests in their properties. The Jackson Petitioners may also address other issues including, but not limited to, the development and selection of the preferred route, the development and selection of segment AL along the preferred route, the exclusion of the alternative routes and whether Applicant s evidence and testimony supports the need for the transmission line and associated facilities as addressed in the application for CECPN. 5. Pursuant to Rule 2.03 of the Commission s Rules of Practice and Procedure, the following person should be notified of all correspondence and filings with the Commission should as representative for all Jackson Petitioners: 2

3 James D. Rankin III PERKINS & TROTTER, PLLC. P.O. Box Little Rock, AR Phone: (501) Fax: (501) WHEREFORE, David and Bettianne Jackson, B. Cris and Eleanor Jones, Charles and Kathleene Chiasson, Hans Christian and Charlene Hoewt, Rick and Janet Clark, Paul Zander and Blackthorn Land and Trading Company, LLC, respectfully request that this Petition to Intervene be granted and that they be provided full rights to participate as official parties to these proceedings. Respectfully submitted, PERKINS & TROTTER, PLLC P.O. Box Little Rock, AR (501) ; (501) (FAX) By: /s/ James D. Rankin III James D. Rankin III, Bar #93197 Attorneys for Jackson Petitioners 3

4 CERTIFICATE OF SERVICE I do hereby certify that I have on this 30 th day of April, 2013, served a copy of the foregoing Petition to Intervene on all persons identified in the Commission s official service list maintained in this proceeding by electronic mail or First Class, U.S. Mail, postage prepaid. David R. Matthews Sarah L. Waddoups Attorneys for SWEPCO Matthews, Campbell, Rhoads, McClure & Thompson, P.A. 119 S. 2nd St. Rogers, AR drm@mcrmt.com slw@mcrmt.com Elizabeth D. Stevens Regulatory Consultant - SWEPCO P.O. Box Shreveport, LA edstephens@aep.com Dawn Guthrie APSC General Staff - Legal 1000 Center P.O. Box 400 Little Rock, AR dguthrie@psc.state.ar.us Bryce Crawford Counsel for Charles E. Crawford Revocable Trust The Williams Law Group 4201 W. New Hope Road, Suite 202 Rogers, AR bcrawford@whlawfirm.com Lawrence E. Chisenhall, Jr. Counsel for Sims Petitioners Chisenhall, Nestrud, and Julian, P.A. 400 West Capital Ave, Suite 2840 Little Rock, AR lchisenhall@cnjlaw.com Glen Sims 709 CR 206 Eureka Springs, AR gssims@prodigy.net Connie Griffin Administrative Law Judge ASPC Commissioners Staff 1000 Center Street, P.O. Box 400 Little Rock, AR connie.griffin@psc.state.ar.us Timothy C. Hutchinson Counsel for Fritz Goodnow and Tim Oppenheim P.O.Box 1788 Fayetteville AR thutchinson@rmpllp.com N. M. Norton Counsel for Julia R. Neighbors Revocable Trust Wright, Lindsey & Jennings LLP 3333 Pinnacle Hills Parkway, Suite 510 Rogers, Arkansas mnorton@wlj.com Tessie Kentner Counsel for Southwest Power Pool 201 Worthen Drive Little Rock, AR tkentner@spp.org Erin E. Cullum Counsel for Southwest Power Pool 201 Worthen Drive Little Rock, AR ecullum@spp.org Leon R. Kassab Counsel for Thomas and Barbara Reinsvold 431 South Virgina Ave. Joplin, MO lkassab@h-law.com 4

5 K.C. Tucker Counsel for Dupps Squared, Inc. 221 N. College Avenue Fayetteville, AR Brandon Cate Counsel for Coughlin Family Revocable Living Trust Quattlebaum, Grooms, Tull & Burrow 4100 Corporate Center Drive, Suite 310 Springdale, AR Cynthia Coughlin Coughlin Family Revocable Living Trust P.O. Box 129 Centerton, AR Richard H. Mays Counsel for Save the Ozarks Richard Mays Law Firm, PLLC 116 South Third Street Heber Springs, AR _/s/ James D. Rankin III James D. Rankin III 5

6 David and Bettianne Jackson P.O. Box 297 B. Cris and Eleanor Jones Hwy 62 Charles and Kathleene Chiasson Hwy 62 Hans Christian and Charlene Hoewt Hwy 62 Rick and Janet Clark 633 County Road 202 Eureka Springs, AR Paul Zander P.O. Box 772 Crossett, AR APSC FILED Time: 4/30/2013 3:55:29 PM: Recvd 4/30/2013 3:54:47 PM: Docket u-Doc. 33 Blackthorn Land & Trading LLC c/o Todd Banks Grandview Dr, Suite 150 Overland Park, KS ATTACHMENT 1