A group that spent 20 months fighting a proposed high-voltage power line through Benton and Carroll counties wants a state regulatory commission to deny the application and hold the public utility accountable.
Pat Costner, president of Save the Ozarks, said Southwestern Electric Power Co.'s withdrawal of its application on Dec. 30 was a "clever but transparent attempt" to extricate itself from a situation in which it caused "significant harm" to citizens and the commission. Costner said she was referring to time, energy and money.
On April 3, 2013, SWEPCO asked the Arkansas Public Service Commission for permission to build the 50-mile power line from Centerton to Berryville, saying it was needed to ensure reliable electric service to the growing areas of Northwest Arkansas and southwest Missouri.
More than 6,000 public comments opposing the 345-kilovolt power line have been lodged with the commission, citing property rights, lack of need, and damage to the environment and tourism.
Six towers, each 130 feet to 160 feet high, would be needed every mile to support the power line, according to SWEPCO's proposal. A 150-foot-wide right of way also would be required along the route.
On Monday, Save the Ozarks again asked the commission to deny SWEPCO's application to construct the power line, this time saying that its withdrawal of the application wasn't enough. The project was expected to cost about $116 million.
"There is no legal basis or other precedent for the APSC to follow in dealing with a notice of withdrawal," said Costner. "It'll be a real limbo if the Public Service Commission doesn't do something here."
Costner said the group is asking the commission to acknowledge that SWEPCO and the Southwest Power Pool -- a regional transmission organization -- are "at fault." In Monday's filing, Save the Ozarks, which is based in Eureka Springs, asked to be declared the prevailing party.
SWEPCO is required to build transmission projects within its service area if the Southwest Power Pool determines they are necessary. Based in Little Rock, the Power Pool is mandated by the Federal Energy Regulatory Commission to ensure reliable supplies of power, adequate transmission infrastructure and competitive wholesale prices of electricity in its nine-state region.
Costner said Save the Ozarks also wants the commission to set a schedule for filing motions for fees and costs. Costner said Save the Ozarks has spent more than $150,000 on legal fees and expert testimony. Mick G. Harrison of Bloomington, Ind., serves as attorney for the organization.
John Bethel, director of the commission, said utilities sometimes withdraw applications, and that normally concludes the proceedings.
"It happens from time to time," said Bethel. "Either their plans change or they may decide to take a different course. So it's not something that happens with great frequency, but it does happen from time to time.
"One of the things they're requesting is an award of attorney's fees. I'm not aware of any instance where the commission has awarded attorney's fees."
The three-member commission is going through a period of change. Chairman Colette Honorable is leaving the state commission to serve as a member of the Federal Energy Regulatory Commission. On Jan. 6, former Gov. Mike Beebe appointed Lamar Davis of Little Rock to serve as her replacement.
In its Dec. 30 filing with the commission, SWEPCO said it was withdrawing its pending application for state regulatory approval because it received notice from the Southwest Power Pool that the project is no longer needed.
Lower future electric demand and the cancellation of several large, long-term reservations for electric transmission service were cited as reasons for the change.
Save the Ozarks had argued all along that the project wasn't needed. Costner said the initial projections of electrical need were based on data from 2006, which was before the recession.
After several public meetings, a 56-mile route was approved by the commission on Jan. 17, 2014. The approved route crossed into Missouri, which would require regulatory approval from that state as well.
Save the Ozarks and SWEPCO both requested rehearings. SWEPCO appealed because it preferred a less expensive, 49-mile route.
Save the Ozarks wanted the commission to reject the project altogether.
The commission then issued an order on June 9 saying it would reconsider whether the power line was needed and, if so, decide the best route. Six routes were initially considered.
As a result of the June 9 order, Southwest Power Pool did a "comprehensive reevaluation" and determined the project was no longer needed, according to letters included with SWEPCO's Dec. 30 commission filing.
On Tuesday, Peter Main, a spokesman for SWEPCO, said the utility was reviewing Save the Ozarks' most recent filing with the Public Service Commission.
Metro on 01/14/2015