‘No trespass’ letters limit study options, SWEPCO says

A deluge of “do not trespass” letters meant SWEPCO would have a difficult time studying caves and other underground features on private property in Northwest Arkansas, a company representative said Thursday.

“Based on the number of ‘no trespass’ letters we’ve received from landowners in the area, I don’t think we’re going to be allowed on many of the properties,” said Brian A. Johnson, a project manager with American Electric Power Co. in Tulsa.

But Mick Harrison said there’s another reason the study wasn’t done.

“The only reason they haven’t is to avoid the cost,” said Harrison, who is the attorney for Save the Ozarks, an organization that opposes Southwestern Electric Power Co.’s plan to build a high-voltage power line in Northwest Arkansas.

SWEPCO filed with the commission April 3 to build a 345-kilovolt power line from a proposed Kings River Station near Berryville to the Shipe Road Station near Centerton. The line would be 46-59 miles long, depending on the route.

David Matthews, SWEPCO’s attorney, said the power line can be constructed in the area’s karst terrain.

“The testimony is that karst is something to be considered, but it doesn’t prevent construction on that terrain,” he said.

Six towers would be needed every mile and would average 130-160 feet tall, according to the company’s proposal. The towers would require foundation holes 40-50 feet deep and up to 10 feet wide. A 150-foot-wide right of way also would be required.

The hearing began Monday. On Thursday, as testimony continued, it was obvious nerves were frayed.

Matthews told the court Harrison had been asking Johnson the same questions over and over again.

“No, I haven’t,” said Harrison.

“Have you been here?” shouted Matthews, throwing his hands in the air.

“Your honor, I’m having a little trouble with disrespect from counsel,” Harrison said.

“I’m not being disrespectful,” said Matthews. “I’m tired and bored. We’ve been here for three days. Some other folks want to talk in this case.”

Connie Griffin, an administrative law judge with the commission, told both sides to calm down.

“I know we’re all getting stressed here,” she said. “Let’s try to move on as quickly as possible.”

Johnson was cross-examined for six hours Wednesday and Thursday before his testimony ended.

John Bethel, executive director of the commission, said the hearing will likely continue through today and could go into a second week. If that happens, Griffin said she is unavailable next week, so the hearing would have to be scheduled for some time after that.

Griffin has been overseeing the hearing at Public Service Commission headquarters in Little Rock.

Griffin will make a decision within 60 days of the end of the hearing. She could determine the best route for the line or decide the project isn’t necessary. The three-person commission can overrule Griffin, and opponents can appeal the commission’s decision to the Arkansas Court of Appeals, Bethel said.

SWEPCO is required to build transmission projects within its service area if the Southwest Power Pool determines they are necessary, Matthews said in his opening statement Monday. He said the line is needed to provide reliable electric service in the future to northern Arkansas and southern Missouri.

The pool is a regional transmission organization under the Federal Energy Regulatory Commission. It is responsible for planning electrical transmission needs for 6 million households in nine states.

Southwest Power Pool studies show that by 2016, some of the existing 161-kilovolt lines in Northwest Arkansas will overload if there’s a power failure on a 345-kilovolt line that goes from the Flint Creek Station in Benton County to Springfield, Mo.

The power-line proposal has generated thousands of comments from people opposed to the project at public comment hearings in Eureka Springs and Rogers and filed electronically.

Three routes are still being considered: 33, 108 and 109. The routes are primarily in Benton and Carroll counties.

From the proposed Kings River substation near Berryville heading west, Route 33 would travel north of Eureka Springs, through Gateway and Garfield, then southwest between Bentonville and Bella Vista. That route would cost about $96.3 million.

Route 108 would go south into Madison and Washington counties before crossing Bethel Heights and along the western edge of Cave Springs. Constructing that route would cost about $117.4 million.

Route 109 would go north of Eureka Springs, then north along the Arkansas-Missouri line before turning south on the west side of Bella Vista. That route would cost $102.8 million.

SWEPCO has said it wants the approval process and design engineering done by December. After right-of-way acquisition, construction is scheduled to begin by March 2015, and the company wants the new line to be in service by June 2016.

Arkansas, Pages 9 on 08/30/2013

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